Facts
Company [E. AG] concluded a contract for services with company [T. AG] for the supply and installation of doors for a construction site. After acceptance of the work, [T. AG] made complaints about defects. [E. AG] then invoiced its fees of CHF 14,915.-- on 31 January 1979, but [T. AG] refused to pay. On 27 May 1986, [E. AG] filed a payment action with the civil court of the canton of Glarus. The court of first instance partially upheld the claim, rejecting the five-year statute of limitations invoked by T. AG. On appeal by [T. AG], the cantonal court, however, considered the claim to be time-barred. [E. AG] then appealed to the Federal Supreme Court.Considerations
The Federal Supreme Court partially upheld E. AG's appeal. It considered that the work performed by [E. AG] did not constitute "craftsman's work" within the meaning of Art. 128 para. 3 CO, subject to a 5-year statute of limitations. In fact, the main part of E. AG's service consisted of the supply and installation of standardized doors, the manual work component being relatively limited. Accordingly, the ordinary 10-year statute of limitations applies.
Furthermore, the Federal Supreme Court rejected T. AG's argument that the long delay before the action was…