Facts
This case concerns a dispute between the Béard spouses and the Union Bank of Switzerland (UBS) following the termination of a sales contract for games between the Béards and the seller Deillon. The facts are as follows: - On August 2, 1957, the Béard spouses purchased 25 games from René Deillon, with an initial payment of 2,000 CHF and the balance to be financed by a contract with UBS. - On July 8, 1964, the Cantonal Court of Fribourg upheld the Béards' action for rescission and ordered Deillon to refund the down payments already made (27,800 CHF). Deillon was then declared bankrupt. - Deillon had assigned the remaining claims on the price of the games to UBS. The Béards paid 7,800 CHF to UBS before refusing to maintain the sales contract due to the defects found. - Regarding the 20,000 CHF initial down payment, Mrs. Béard had promised them to Deillon by withdrawing them from her inheritance share, but she ultimately paid them directly to UBS.Considerations
1. UBS must return its enrichment as the assignee of Deillon's rights arising from the rescinded sale. The reimbursement of the 7,800 CHF is acquired, but the Béards must prove that the right to the 20,000 CHF initial down payment was also assigned to UBS, which they have failed to do. 2. Mrs. Béard promised Deillon to pay the 20,000 CHF down payment directly to UBS, which constitutes an assignment within the meaning of Art. 466 et seq. CO. By its express acceptance, an obligation relationship was created between her and UBS, independently of the sales contract. 3. The assignee cannot refuse to perform by invoking its relations with the assignor. However, when the assignment concerns the payment of a debt related to a sale, the assignee may raise…