Facts
Architect Hans Schüep brought an action against Adolf Brehm for payment of a sum of 17,810.60 francs. The District Court of Zurich awarded him 9,444.25 francs, a decision confirmed by the High Court of the Canton of Zurich. Brehm filed a nullity appeal with the Court of Cassation of the Canton of Zurich, arguing in particular that the assumption of the High Court that Brehm's objection was not sufficient was contrary to the case file. The Court of Cassation dismissed the appeal, considering that this grievance should have been raised by way of an appeal for reform to the Federal Tribunal under Art. 55 let. d and 63 para. 2 FJA, and not by way of a nullity appeal.Considerations
The Federal Tribunal considers that when the establishment of a fact decisive for the application of federal law is manifestly based on an oversight by the cantonal judge, this error can be invoked by way of an appeal for reform, even if it concerns the application of cantonal procedural law. Indeed, it is a purely factual error, unrelated to the interpretation or application of cantonal law, and which…