Background

A property owner filed a case before the Court of First Instance against a representative requesting him to hand over an appartment he had asked him to sell, but he sold himself. Although there was a prior appeal judgment which cancelled the sales contract; the Court of First Instance rejected the claim.The property owner appealed and the judgment was repealed. The defendant was compelled to hand over the appartment to the plaintiff.

Decision

The defendant filed the case in cassation on the grounds that the contested judgment had erred in the application of the law and lacked substantiation because the defendant had stated before the Court of First Instance that he had taken the appartment as he wanted to get compensation for payments he had made for its renovation on behalf of the owner in accordance with Article 246 of the Civil Code ,but the court had refused this argument despite the irrevocable power of attorney to sell which he held.