Facts
On March 22, 1965, Holzer sold the properties Fol. 17 No. 74 and 75 in Zenhäusern to Margaretha Fux. Moritz Clausen, co-owner of house No. 74, asserted claims to a part of parcel No. 75 and filed a lawsuit. Margaretha Fux notified Holzer of the dispute, but he did not participate in the proceedings. The proceedings ended on June 20, 1969, with a court settlement, which established that the heirs of Moritz Clausen are co-owners of parcel No. 75.
On September 1, 1970, Margaretha Fux sued Holzer for payment of 10,160.30 francs plus interest, as he was obliged to provide warranty for the partial dispossession according to Art. 192 et seq. CO. The Cantonal Court of Valais obliged Holzer to pay the plaintiff 7,050 francs and 2,568.90 francs in costs from the first lawsuit.
Considerations
The Federal Supreme Court states that according to Art. 192 para. 1 CO, the seller is obliged to warrant that a third party does not deprive the buyer of the object of purchase in whole or in part. Since the defendant had previously appeared as the sole owner of parcel No. 75, he must provide warranty according to this provision.
However, the defendant cannot be bound by the court settlement of June 20, 1969, as it is not a court decision within the meaning of Art. 193 para. 2 CO…