Facts
In 1960, John Croset entrusted the garage owner Jean-Pierre Nafzger with the general renovation of an old truck he had purchased for his transport company. In 1962 or 1963, Croset commissioned Nafzger to convert the vehicle into a removal van-upholstery, the latter estimating the "fitting-out work" at around 8,000 francs. On 29 February 1964, Nafzger undertook to complete the work by the end of April, but Croset summoned him on 10 August to deliver the "appraised" removal van by 31 August. On 4 September, Croset withdrew from the contract.
Croset sued Nafzger for damages, while Nafzger claimed the unpaid balance of his invoice, justified by expert opinion. The Civil Court dismissed Croset's claim and ordered the latter to pay 8,900 francs to Nafzger, reducing the invoice by 30% pursuant to Article 375 CO.
Considerations
The Federal Tribunal dismissed Croset's main appeal. According to the Court, Croset could not withdraw from the contract, as the work was completed and properly executed on 31 August 1964, subject to finishing work. Furthermore, the application of Article 375 CO was not justified, as the conditions of this provision were not met: there was no approximate estimate agreed between the parties and the overrun was not excessive.
The Court also dismissed Croset's argument based on…