Facts
Bächtold AG Immobilien- und Treuhandgesellschaft concluded a preliminary sales contract on 7 December 1965 with Mr. Vögtlin, a member of a simple partnership, for the sale of several apartments and parking spaces in a condominium. The total sale price was CHF 1,062,000. On 15 December 1966, the parties concluded an authentic sales contract for the last apartment (no. 18) and a share of the garage, for a price of CHF 260,000. On 15 February 1967, Mr. Vögtlin contested the sale price, claiming that he had been in an impaired mental state when concluding the contract and that the construction cost accounting was not correct. The parties then negotiated an amicable agreement providing that the exact amount of construction costs would be determined and that, depending on the result, either Bächtold AG would reduce or waive the second-rank claim of CHF 60,000, or Mr. Vögtlin would have to pay them a certain amount.Considerations
The Federal Tribunal considers that this amicable agreement did not require an authentic form, as it did not concern the real estate sale itself, which had already been validly concluded. The amicable agreement was solely aimed at settling a dispute over the sale price, which constituted a claim distinct from the sales contract. Therefore, this amicable agreement could be concluded informally, in accordance with Art. 11(1)…