Fortunato Lemma, Plaintiff and Appellant, v.

Luis Alberto Gayo, Defendant and Respondent

Once the case before us has been reviewed, the lower-court decided to rule and vote on the
following grounds:
1st. Does the lower-court decision conform to law?
2nd. What decision shall be issued?

Justice GALDOS stated the following:

Plaintiff Fortunato Lemma (Buyer) filed a claim against Defendant Luis Alberto Gayo (Seller) for
breach of contract requesting the execution of the title deed for the property subject matter of this
sales agreement located at Alberdi St. No. 444. Plaintiff also requested that the Defendant be
ordered to pay a penalty for failure to comply his duty to execute the title deed on the date agreed
by the Parties.

On his part, Defendant requested the termination of the real estate sales agreement for the buyer's
breach of contract, claiming that the Buyer is obligated to return the Property and pay damages,
compensating that amount with the sum received by way of the earnest money deposit.

The lower-court in its decision, under appeal, dismissed the petition. In order to solve this issue, the
Justice considered that the Parties decided that Fortunato Lemma bought from Luis Alberto Gayo,
by Real Estate Sales Agreement issued on April 11th, 2017, the Property subject of this proceeding
from which is Fourth Provision arose that the closing costs are the Buyer's responsibility and it
should have been done thirty days after signing the sales agreement.