Facts
[N.] is a self-employed engineer who is involved in the construction of laminated facade elements, so-called sandwich panels. He entered into contracts in his own name with various companies, including X. AG. [N.] calculated the prices, drew the construction plans, and procured the materials. He then forwarded the orders to X. AG, which manufactured the panels according to his technical specifications, shipped them, and received the payment. [N.] received a remuneration referred to as a commission for this.
[N.] asserted a claim for commission against X. AG, whereupon X. AG filed a counterclaim for damages due to unsuitable construction plans. The Cantonal Court of St. Gallen upheld the counterclaim to the extent of CHF 50,421.75.
Considerations
The Federal Supreme Court concluded that the contractual relationship between [N.] and X. AG was a mixed contract, in which [N.] made his technical know-how available to X. AG and received remuneration for it. In this respect, the rights and obligations of the contracting parties are to be assessed according to the rules of the so-called know-how contract, which appears as a license agreement.
In the licensing relationship, especially in the remunerated one, the licensor ([N.]) is responsible for the technical feasibility and usefulness of…