JURITEXT000006957542 Généré par l'IA

Rescission of Sale Upon Dishonor of Promissory Note

Numéro de cause JURITEXT000006957542

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-17

Issue du litige annulled

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

A seller, having received payment in the form of a promissory note that was later dishonored upon presentment, sought to have the sale rescinded, arguing that the non-payment of the note constituted a failure to deliver the agreed-upon price. The court held that the acceptance of a negotiable instrument, such as a promissory note, as payment for a sale does not automatically suspend the seller's right to seek rescission of the sale due to non-payment; rather, the seller retains the right to demand performance or seek resolution of the contract upon the instrument's dishonor, as the note itself is merely a means of payment and not a novation of the underlying obligation unless explicitly agreed upon as such.

Regeste Legislator

Généré par l'IA

Rescission of Sale Upon Dishonor of Promissory Note: The court held that the acceptance of a negotiable instrument, such as a promissory note, as payment for a sale does not automatically suspend the seller's right to seek rescission of the sale due to non-payment; rather, the seller retains the right to demand performance or seek resolution of the contract upon the instrument's dishonor, as the note itself is merely a means of payment and not a novation of the underlying obligation unless explicitly agreed upon as such.