Facts
The company Blanche Neige SA in Lausanne sold an Opel Rekord to Hermann Schütz in Biel, who was employed by them as a traveling salesman, under a reservation of title on June 22, 1956. In July 1956, Schütz had an accident on a business trip in the Valais, whereby the vehicle was considerably damaged. The vehicle was brought to the garage of Hans Meichtry in Turtmann, who partially repaired the damage himself and had the remaining repairs carried out by the company Métalléger SA in Siders.
On August 4, 1956, Schütz wanted to collect the repaired vehicle from Meichtry. He told Meichtry that the company Blanche Neige would pay for the repairs and presented Meichtry with a form from his order book bearing the company's imprint as proof. Meichtry therefore refrained from asserting his right of retention and released the vehicle to Schütz. Since Schütz did not pay the invoice, Meichtry felt deprived of his right of retention and filed a criminal complaint against him.
On the advice of his lawyer, Schütz returned the vehicle to Meichtry's garage on February 11, 1957 to reinstate Meichtry's right of retention. However, the company Blanche Neige obtained an order from the instructing judge of the district of Leuk, instructing Meichtry to release the vehicle to them against a deposit of CHF 4,000 with the court.
Considerations
The Federal Court states that although Meichtry had lost his right of retention by handing over the vehicle to Schütz, this right could be re-established by the return of the vehicle on February 11, 1957. It does not matter whether Meichtry was aware of the reservation of title of the company Blanche Neige when he received the vehicle back.
Meichtry's right of retention takes…