Facts
The case concerns a simple partnership between the architect Hans Stäger and the spouses Brandt, who wanted to jointly construct a multi-family house in Arosa. The property was sold by the Burgher Community of Chur to Carl Brandt, with Stäger paying half of the purchase price. Stäger developed a construction project that was initially rejected but later approved. Before construction could begin, however, Mrs. Brandt informed Stäger that they had hired another architect and that Stäger should waive his apartment. This led to a dispute, and Stäger filed a lawsuit against the Brandt spouses.
The District Court of Plessur ordered the defendants to pay Stäger his share of the architectural work and a liquidation profit. On appeal by the parties, the Cantonal Court of Graubünden amended the judgment, setting the liquidation profit at 14,740 Swiss francs per party.
Stäger appealed this part of the judgment and demanded that he be awarded the full half share of the liquidation proceeds.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the property had been contributed to the simple partnership for development, but had never been transferred into the ownership of the partnership. Upon dissolution of the partnership, the property therefore reverted to the owner Brandt, without the need for a…