Facts
Company A AG leased parts of an agricultural business from Company B AG and subleased them to C. Company B AG sold the property on March 6, 1981 to Company D AG, which wanted to cultivate the land itself and therefore did not take over the lease contract. As a result, both B AG and D AG terminated the lease contracts. C then sued Company A AG for damages for the lost income from the sublease.
The District Court of Bremgarten partially upheld the claim, while the High Court of the Canton of Aargau dismissed the claim. On appeal by the plaintiff, the Federal Supreme Court set aside the High Court's judgment and remanded the case for a new assessment.
Considerations
The Federal Supreme Court held that the defendant (Company A AG) as the lessee is liable for the damages of the sublessee (C), as it has a claim for compensation against the lessor B AG. Although C cannot directly demand the assignment of this claim, as it is a claim for…