Facts
The Hotel Rosenberg in Walzenhausen belongs to the defendant Anton Kaiser. The hotel manager N.D. commissioned the plaintiff, Dünner AG, to carry out renovation work on the hotel. The plaintiff carried out the work without knowing that [D.] was not authorized to place the order. The defendant was only informed about the work later, but did not raise any objections.
The plaintiff sued the defendant for payment of the invoice amount of CHF 10,941.25. The High Court awarded this amount, but rejected the registration of a contractor's lien. Both the defendant and the plaintiff appealed against the judgment.
Considerations
The Federal Court decided that the plaintiff has no claim from the work contract concluded by [D.], as [D.] did not act in the name of the defendant. Instead, the plaintiff is entitled to appropriate compensation from the defendant under Art. 672 of the Swiss Civil Code (ZGB).
The Federal Court states that Art. 672 ZGB provides for a liability of the property owner if the installed material cannot be separated. This is regardless of whether the use was without the will of the material owner. The legal basis for the compensation is the principle of…