Facts
In the municipality of Spreitenbach, a land consolidation procedure was initiated, which was also to include the properties of farmer Meier. According to a plan, Meier was to receive a newly formed parcel 7a instead of his plot No. 868. Even before the completion of the consolidation procedure, Meier negotiated with Benz on the sale of the future parcel 7a. On July 8, 1960, a publicly certified purchase contract was concluded, in which, however, the subject of the purchase was not precisely described.
The neighborhood plan procedure did not lead to the formation of parcel 7a, but Meier received a 102 m2 larger parcel. Meier then disputed the validity of the purchase contract of July 8, 1960. Benz filed a counterclaim, requesting that the contract be declared legally valid.
Considerations
The Federal Court decided that the purchase contract of July 8, 1960 is invalid due to a formal defect. The public deed does not indicate which property is the subject of the purchase. The deed does contain information about the subject of the purchase, but this is not sufficient to precisely determine the property envisaged by the parties.
The Federal Court rejected the view of the lower court that Meier's…