The costs of appeal are assessed against the defendant.

Examining the record in light of the relevant legal principles, the lower court, on the grounds indicated in its reasoning, determined that the Defendant was liable to compensate for damages incurred to the Plaintiff and maintained the judgment of the first instance court which accepted the instant claim, as it did not err by misapprehending the legal principles regarding the impossibility of performance of obligations, the interpretation of the disposal documents or the agreement, etc., contrary to what is alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.