JURITEXT000006963293 Généré par l'IA

Prior Sale Voids Subsequent Promise to Sell

Numéro de cause JURITEXT000006963293

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1963-06-27

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A litigant, having previously contracted to sell a property, subsequently executed a formal deed of sale with the initial buyer but later signed a promise to sell the same property to a third party, who then sought to compel the execution of that second promise; the court rejected the claim because the prior, perfected sale to the first buyer extinguished the vendor's right to dispose of the property, rendering the subsequent promise to sell unenforceable against the vendor, regardless of whether the second buyer was aware of the first sale.

Regeste Legislator

Généré par l'IA

Prior Sale Voids Subsequent Promise to Sell: A litigant, having previously contracted to sell a property, subsequently executed a formal deed of sale with the initial buyer but later signed a promise to sell the same property to a third party, who then sought to compel the execution of that second promise; the court rejected the claim because the prior, perfected sale to the first buyer extinguished the vendor's right to dispose of the property, rendering the subsequent promise to sell unenforceable against the vendor, regardless of whether the second buyer was aware of the first sale.