COUR DE CASSATION, Chambre sociale, du 19 novembre 1964, Publié au bulletin
Case Outcome | CASSATION. |
Court | Chambre Sociale (Cour de Cassation de France) |
Date | 19 novembre 1964 |
Publication au Gazette officiel | N° 777 |
ATTENDU QUE LES EPOUX X... RECLAMAIENT A LEURS FERMIERS, LES EPOUX Y... LE FERMAGE DE 425 KILOGRAMMES DE VIANDE ET 5000 LITRES DE LAIT PORTE AU BAIL DES 6 ET 8 MARS 1961;
QUE LES FERMIERS OPPOSAIENT QUE LE COMPROMIS SIGNE PAR LES DEUX PARTIES LE 24 FEVRIER 1961 PREVOYAIT UN FERMAGE DE 425 KILOGRAMMES DE VIANDE ET 500 LITRES DE LAIT ET QUE C'EST PAR UNE FRAUDE OU TOUT AU MOINS UNE ERREUR QUE LA QUANTITE DE LAIT AVAIT ETE MODIFIEE DANS LE BAIL;
ATTENDU QUE L'ARRET ATTAQUE DECIDE QUE LE PRIX DU FERMAGE NE POUVANT ETRE DETERMINE AVEC CERTITUDE AU VU DES DOCUMENTS FOURNIS IL EST PREFERABLE DE RECOURIR A UNE EXPERTISE AFIN DE DETERMINER LA VALEUR LOCATIVE EQUITABLE DES BIENS LOUES;
ATTENDU QU'EN STATUANT AINSI ALORS QU'IL N'APPARTENAIT PAS AU JUGE DE DETERMINER LE...
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