Facts
- [A.] and [B.] (Tenants, Plaintiffs, Appellants) concluded a fixed-term lease contract with [C.] (Landlord, Defendant, Respondent) on 22 October 2004 for a property in [U.] . The tenants had the intention to later acquire the property and made various payments to the landlord. However, the planned purchase did not materialise. - On 9 July 2007, the tenants filed a claim against the landlord, requesting that he be ordered to make repayments due to unjust enrichment. The landlord filed a counterclaim. - The District Court of Zofingen partially upheld the claim and ordered the landlord to repay a total of CHF 105,500.--. Both the tenants and the landlord appealed against this judgment. - The High Court of the Canton of Aargau partially set aside the first-instance judgment and only obliged the landlord to repay CHF 40,000.-- to the tenants. The High Court did not enter into the tenants' cross-appeal. - The tenants filed an appeal against the decision of the High Court with the FSCA. They requested that the decision be set aside, with the exception of the finding of the partial res judicata of the first-instance judgment, and that the matter be remanded to the lower instance for the taking of relevant evidence and a new assessment.Considerations
- The FSCA partially upheld the appeal. It set aside paragraphs 2, 4 and 5 of the contested High Court decision and remanded the case to the lower instance for examination of the appellants' cross-appeal and for the reallocation of the costs of the appeal proceedings. - The FSCA reasoned that the lower instance had…