JURITEXT000006962464 Généré par l'IA

Seller v. Buyer: Rescission of Land Sale Due to Partial Eviction

Numéro de cause JURITEXT000006962464

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-04-27

Issue du litige Partiellement admis (Partially Allowed)

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Synthèse Legislator

Généré par l'IA

A seller, having brought an action against a buyer for the payment of the purchase price of a piece of land, appealed a lower court's decision that limited the seller's claim to only the portion of the land that had been transferred, reasoning that the buyer had been deprived of the remaining part due to a third party's superior claim established by adverse possession, which the lower court deemed a partial eviction; the high court quashed this decision, ruling that the original contract of sale, which involved a specific piece of land described by boundaries, constituted a transfer of the entirety of that property, and therefore, the buyer's dispossession by a third party, even for a portion, entitled the buyer to a full rescission of the sale with restitution of the entire price, rather than merely an adjustment for the lost portion, because the eviction concerning a part of the whole sold gives grounds for the rescission of the entire sale.

Regeste Legislator

Généré par l'IA

Seller v. Buyer: Rescission of Land Sale Due to Partial Eviction: A seller, having brought an action against a buyer for the payment of the purchase price of a piece of land, appealed a lower court's decision that limited the seller's claim to only the portion of the land that had been transferred, reasoning that the buyer had been deprived of the remaining part due to a third party's superior claim established by adverse possession, which the lower court deemed a partial eviction; the high court quashed this decision, ruling that the original contract of sale, which involved a specific piece of land described by boundaries, constituted a transfer of the entirety of that property, and therefore, the buyer's dispossession by a third party, even for a portion, entitled the buyer to a full rescission of the sale with restitution of the entire price, rather than merely an adjustment for the lost portion, because the eviction concerning a part of the whole sold gives grounds for the rescission of the entire sale.