Facts
The dispute opposes Karl Staub, a municipal employee, to the companies Treuvag, Treuwerte- und Verwaltungs-AG and Brunner, Möbel- und Innenausbau AG. On October 6, 1956, Staub concluded a "furniture savings contract" with Treuvag, whereby he undertook to save 5,000 francs in order to subsequently purchase furniture, carpets, household linen and curtains from Brunner or another designated supplier. Staub made an initial payment in November 1956, then refused to continue the payments, considering the contract null and void on grounds of immorality. The Treuvag and Brunner companies then took legal action to obtain payment of the outstanding instalments.Considerations
The Federal Court considers that the disputed contract constitutes a combination of a "savings contract" between Staub and Treuvag and a "pre-purchase contract" between Staub and Brunner. Although the contract cannot be precisely qualified, its content is valid within the limits of the law (Art. 19 para. 1 CO).
Regarding the determination of the goods to be purchased and their price, the Federal Court considers that these elements are sufficiently determinable. The objects are defined as furniture, carpets, household linen and curtains that Staub will be able to choose from the range of the designated suppliers. As for the price, it is set by reference to the cash selling prices displayed in the showrooms or listed in the industry price lists.
The Federal Court also rejects Staub's argument that the possibility of transferring rights and obligations to a…