Facts
Mrs. Ida Dübendorfer and her five children (community of heirs) sold a property to real estate dealer Jakob Suter for 298,080 CHF in May 1959. 40,000 CHF were paid upon conclusion of the contract, and the remaining amount of 258,000 CHF was to be settled by October 1, 1959 at the latest upon the transfer of ownership in the land register. Since Suter did not pay the remaining amount by October 1, the sellers declared the withdrawal from the contract on October 7, 1959 in accordance with Art. 108 para. 3 CO. Suter then filed a claim for damages due to non-performance of the contract, which was dismissed by the District Court of Dielsdorf and the High Court of the Canton of Zurich.
Considerations
The Federal Supreme Court confirmed the decisions of the lower courts. It stated that the contract was to be fulfilled by the parties by October 1, 1959, so that Suter as the buyer was in default upon expiration of this deadline. The sellers could therefore withdraw from the contract without further ado in accordance with Art. 214 para. 1 CO, as Suter had not paid the remaining purchase price on time. The withdrawal was made in a timely manner and had not been delayed speculatively.
Suter's objection that the sellers themselves…