Seller's Right to Damages Upon Buyer's Default and Resale of Goods

The dispute arose from a contract where a buyer agreed to purchase goods, but subsequently refused to take delivery, prompting the seller to seek damages for the breach of contract, including the loss resulting from the resale of the goods. The Court of Cassation rejected the appeal, affirming the lower court's decision which had correctly applied the contractual clause stipulating that in the event of the buyer's default, the contract would be automatically terminated and the seller entitled to recover the difference between the contract price and the resale price, plus additional damages, thereby confirming the validity of the contractual remedy for breach of sale.