Facts
The property No. 102 in Visp was jointly owned in equal shares by the plaintiff Fux and Mrs. Chaperon-Nettis. In the spring of 1954, Mrs. Chaperon-Nettis sold her share of co-ownership to the defendant Domig. The plaintiff Fux then asserted his pre-emption right.
The purchase contract dated May 26, 1954 showed a purchase price of CHF 77,000. However, the contracting parties had actually agreed that this amount only covered the "bare value of the business and apartment" without the additional value of CHF 40,000 created by the defendant Domig. This additional value was to be paid to Domig as compensation for his expenses.
The contracting parties then concluded a new purchase contract on July 7, 1954, in which the total purchase price of CHF 117,000 was set, of which CHF 40,000 was considered as compensation for Domig's expenses.
Considerations
The Federal Supreme Court confirmed the rejection of the pre-emption right by the Cantonal Court. Although the pre-emption right remains a personal right that can also be asserted against the registered buyer, the exercise of the pre-emption right requires a valid purchase contract.
In the present case, there was a mistake by the contracting parties regarding the actual purchase price. The plaintiff Fux was only informed by the notary about the net purchase price of CHF 77,000, without mentioning the…