Facts
[B. AG] (Plaintiff, Respondent) and [A. AG] (Defendant, Appellant) collaborated in the field of high-pressure water work for the renovation of railway carriages from 2008 to 2011. The cooperation agreement concluded on 20 November 2008 was terminated by the Defendant's notice dated 20 November 2011. In the course of the termination of this cooperation, the question arose as to what should happen to the water treatment plant developed by the Plaintiff at its own expense and located on the Defendant's renovation site. The Defendant continued to use the water treatment plant until at least 9 May 2012. By a claim filed on 26 January 2013 with the Commercial Court of the Canton of Zurich, the Plaintiff requested that the Defendant be ordered to pay it CHF 124,800.-- plus default interest. The Commercial Court dismissed the claim for the excess amount and ordered the Plaintiff to pay the Defendant a party indemnity of CHF 10,500.--.Considerations
The Federal Supreme Court considers the appeal admissible. It affirms the material connection between the original claim for the purchase price and the subsequently asserted claim for compensation for the use of the water treatment plant, as in both cases the plant developed by the Plaintiff at its own expense on the Defendant's premises was the decisive object. There are also temporal overlaps, as both the purchase contract and the related lengthy contract negotiations as well as the use of the plant were at issue in the period after the termination…