Facts
The defendant tenant K. filed a federal appeal against a judgment of the Solothurn Cantonal Court, which awarded the landlord G. AG six months' rent because the tenant had not proven the timely delivery of his notice of termination to the landlord. The Federal Court does not enter into the appeal.Considerations
The Federal Court sees the tenant's appeal as an abuse of rights under Art. 36a para. 2 OG. In his appeal, the tenant merely challenges the Cantonal Court's finding of the untimely delivery of the notice of termination. This constitutes a factual finding, against which the appeal - apart from the exceptions of Art. 63 para. 2 and 64 OG - is not open.
While the tenant accuses the Cantonal Court of incorrect legal assessment of a fact and violation of a federal law of evidence, and thus raises admissible complaints in the appeal proceedings (Art. 43 para. 4 and 63 para. 2 OG), the justification given for this is merely criticism of the lower court's assessment of the evidence, which is excluded from the appeal proceedings.
Since…