Buyer v. Seller: Breach of Contract for Discrepancy in Apartment Area

A buyer of an apartment, who had signed a preliminary promise to purchase, sued the seller for damages after the seller refused to proceed with the final sale, citing the fact that the apartment's true area was less than what was stipulated in the preliminary agreement. The court held that in the context of a sale of an apartment, where the area is a determining element of the consent of the purchaser, the seller is obliged to deliver the exact area stated in the agreement, and failure to do so constitutes a breach of contract, allowing the buyer to seek damages as provided by law concerning differences in stated versus actual area.