Facts
Sylvain Borgeaud sold his business "Juvena Beauty Institute" to Gabor Kobzos, on the condition that the latter obtain the assignment of the existing lease or the conclusion of a new lease with the owner, La Genevoise Assurances. Although La Genevoise had confirmed its agreement to establish a lease in favor of Kobzos, the latter refused the proposed conditions, notably the net monthly rent of 1,384 francs plus 225 francs in charges, by accosting and insulting the insurance company's staff. La Genevoise was then no longer willing to accept him as a tenant.
Kobzos subsequently declared the termination of the sales contract and filed an action against Borgeaud for the payment of 21,650 francs. The District Court of Lausanne dismissed the claim, but the Appeals Chamber of the Vaud Cantonal Court ordered Borgeaud to pay 303 francs to Kobzos.
Kobzos appealed against this decision.
Considerations
First, the Federal Tribunal recalls that according to Art. 156 CO, the condition is deemed not to have occurred when its occurrence is brought about contrary to the rules of good faith, without it being necessary for the author to have acted intentionally for this purpose.
In the present case, the Federal Tribunal considers that Kobzos'…