Facts
The case concerns a furniture advance payment and purchase contract between the plaintiffs Edgar Läber and Lydia Zehnder (later the Läber spouses) and the defendant company Max Widmer-Müller, Möbel AG. The plaintiffs had concluded contracts on May 13, 1955 and June 21, 1955 for the purchase of a residential furnishing worth a total of CHF 6,000, with monthly advance payments of CHF 50 and CHF 100 respectively. The plaintiffs later also concluded a furniture purchase contract with H. Schneider, which they subsequently contested. The plaintiffs then sued the defendant for a declaration of the nullity of the contract with her.
Considerations
The Federal Supreme Court concluded that the contract between the parties had been validly concluded. The items to be purchased and the purchase price were determinable according to the contractual provisions. The open-ended payment conditions for the remaining amount also did not constitute invalidity, as these were ancillary points that the parties could subsequently agree upon.
The Federal Supreme Court also saw no violation of good morals. The monthly advance payments of…