Dismissal of the Claim due to Statute of Limitations

Facts

On 6 March 1974, Aequator AG sold a coffee machine to the innkeeper Köhler for the price of CHF 19,500.--. The device had to be repaired frequently, whereupon Köhler demanded the return of the machine and reimbursement of the purchase price on 28 August 1975. In April 1976, Köhler filed a claim with the District Court of Horgen, requesting that Küffer (representative of Aequator AG) be obliged to take back the machine and repay the purchase price. The District Court and later also the High Court of the Canton of Zurich partially granted the claim.

Aequator AG appealed against the judgment of the High Court and requested the dismissal of the claim. The plaintiff Köhler requested the dismissal of the appeal.

Considerations

The Federal Supreme Court upheld the appeal of Aequator AG and set aside the judgment of the High Court. It justified this by stating that the one-year statute of limitations pursuant to Art. 67 CO for the plaintiff Köhler's claim for unjust enrichment had expired before the High Court rendered its judgment on 5 October 1979.

The Federal Supreme Court stated that the plaintiff Köhler had initially interrupted the statute of limitations by filing the claim in April 1976. However, in the cantonal appeal proceedings, he had not timely interrupted the statute of limitations again.…