Facts
W. and L. had been maintaining a joint household since the fall of 1971, first in Windisch, later in Gebenstorf. From May 1975 onwards, W. worked abroad on assignment and only returned home for the weekend about every two months. The relationship was dissolved at the end of 1976. In November 1978, W. demanded from his former partner L. an amount of CHF 64,600.-- from collected wages, and on August 27, 1979, he filed a lawsuit against her for payment of CHF 30,000.-- plus interest.
Considerations
The Federal Supreme Court acknowledges that a simple partnership existed between the parties. The plaintiff's wages were managed within the framework of this simple partnership, not based on an independent mandate. Therefore, the liquidation provisions of the simple partnership apply.
The plaintiff has a recourse claim against the defendant for the half share of a tax debt of CHF 10,070.30, which was still unpaid upon dissolution of the concubinage. Beyond that, the plaintiff…