Facts
On 22 May 1956, Josef Polinelli concluded a "contract for the sale and advance payment of furniture" with the company Möbel Glass A.-G. Under this contract, Polinelli undertook to purchase CHF 5,000 worth of furniture, bedding and carpets, with the possibility of freely choosing the items from the exhibitions of the companies affiliated with the Swiss Association of Wholesale Furniture Manufacturers. Payment was to be made by an initial deposit followed by monthly instalments of CHF 50, with the balance payable in cash upon delivery. The contract also provided for the possibility of converting the contract into a hire-purchase agreement with the seller's consent. Polinelli made only one payment of CHF 50. He then informed the Glass company that he could not fulfil the contract, as his fiancée already had a furniture contract. The Glass company then initiated legal proceedings to establish the validity of the contract and obtain payment of the instalments and the balance.Considerations
The Federal Tribunal considers that the contract is valid. Regarding the determination of the goods and the price, the Federal Tribunal considers that the conditions are sufficiently precise, in accordance with its previous case law. Although some clauses on the terms of payment are formulated a little imprecisely,…