An apartment seller terminated on a Friday the sale transaction by a laconic letter based on non-payment of consideration on time, ignoring the requirement of the agreement to give a prior notice and on Saturday already sold the apartment to another purchaser.
The Court held that according to the agreement a written notice prior to termination is required. The termination was unduly made not only because the conditions for the payment had not yet been formulated and therefore there was no breach of agreement, but also because a prior notice to termination was required. Nevertheless, a termination notice was sent, and a new agreement was executed with a new purchaser on the following day. Since the agreement was unduly terminated, the agreement with the new purchaser is not enforceable.