Facts
The company L. Bresaola in Chiasso concluded two purchase contracts with Georg Weber: on April 4, 1960 for the sale of a coffee machine for 7,050 CHF and on April 26, 1960 for the sale of a coffee grinder for 1,280 CHF. The delivery of the appliances took place on April 28, 1960 to the Café Domino in Kreuzlingen. Weber had received the order from the defendants, Mrs. Weisser and her daughter Mrs. Hollaus-Weisser, to purchase the machines necessary for the furnishing of the café.
When Weber did not pay the purchase prices, Bresaola sent an invoice to Mrs. Hollaus-Weisser on June 23, 1960. However, she refused to pay, as Weber had concluded the contracts not as her representative, but as a self-purchaser. Bresaola then filed a lawsuit on September 30, 1961 against Mrs. Weisser and Mrs. Hollaus for the return of the appliances and payment of compensation.
Considerations
The Federal Supreme Court concluded that Weber was authorized by the defendants to conclude the purchase contracts on their behalf, and thus acted as their representative. Although Weber poorly fulfilled the order by not paying for the appliances himself, this did not change his power of representation.
Even though the retention of title was not effectively registered against the defendants, Bresaola had a right of withdrawal from the contract pursuant to Article 214 paragraph 3 of…