Dismissal of the claim by company A. against B. for the payment of a debt

Facts

Company [A.], active in the paper sector, supplied goods to [B.] for several years. In March 1983, [B.] still owed 171'916.05 CHF to A. The parties then negotiated the repayment of this debt, but without success. On 11 April 1983, [B.] informed [A.] that it would pay 30,000 CHF to it at the latest on 14 April, which it did. [A.] claimed to have contested this proposal in writing on 15 April, but [B.] allegedly did not receive this letter. [A.] then claimed the balance of 141,916.05 CHF plus interest.

Considerations

The Federal Tribunal dismissed A.'s appeal against the decision of the Cantonal Tribunal which had granted its claim. According to the Federal Tribunal, B.'s letter of 11 April 1983 cannot be considered as a contract offer tacitly…