Facts
The dispute opposes Mr. Dresel, referred to in the contract as "Annoncenverwaltung" (advertising agency), and Mr. Hartmann, the publisher. On March 1, 1949, Hartmann entrusted Dresel with the exclusive representation of his advertising activities in Switzerland and the Principality of Liechtenstein for the magazine "Nellys Kalender". Dresel undertook to find advertisers and conclude contracts with them at the prices set by Hartmann. The latter undertook to pay Dresel a "commission" of 35% of the net price paid by the clients for the advertisements. The contract provided that the invoicing to clients and the collection of advertisements would be carried out exclusively by the publisher Hartmann. On November 26, 1954, Hartmann terminated the contract with effect from February 28, 1955. Dresel then brought an action for payment of CHF 99,220.94 plus 5% interest from March 3, 1955.Considerations
The Federal Tribunal considers that the contract concluded between the parties falls under the agency contract and not a farm lease. Indeed, the essential elements of a farm lease are lacking: Dresel concluded the advertising contracts in the name and on behalf of Hartmann, and not in his own name and for his own account. Furthermore, Dresel's remuneration was described as a "commission", which is characteristic of an agency contract and not a farm lease.
Regarding the compensation provided for in Art. 418u CO, the Federal Tribunal considers that it can be claimed by Dresel even for facts prior to January 1, 1952, the date of entry into force of this provision. Indeed, according…