Facts
Henry Behar, a stamp dealer, sold to Jean Weber, a collector, four fragments of letters, each bearing a "Sitting Helvetia" stamp of 40 ct. for the price of 16,000 francs. Behar had acquired these fragments from another dealer with certificates of authenticity issued by an official expert. Shortly afterwards, two experts expressed doubts about the authenticity of the fragments, particularly the cancellations. Weber then informed Behar that he would return the items and request a refund if they proved to be forgeries. Weber subsequently obtained several expert opinions confirming that the stamps and seals had been affixed after the fact.
Weber filed an action against Behar for the payment of 16,000 francs on February 12, 1973. The Civil Court of the Vaud Cantonal Tribunal dismissed the action on the grounds that it was time-barred.
Considerations
The Federal Tribunal dismissed Weber's appeal. It considered that the sale of a postage stamp by a specialized dealer at a price corresponding to the value of an authentic stamp implies, in principle, a tacit guarantee of its authenticity. This guarantee constitutes a decisive quality of the item sold.
However, Art. 210 para. 1 in fine CO only provides an exception to the annual prescription of the warranty…