Facts
Garage Place Claparède SA (the company) sold a new right-hand drive Morris Oxford car to Marc Barambon (the buyer) on August 30, 1956. The buyer was to exchange a 1949 Morris Oxford and pay 6480 francs. The new car was to be delivered on September 4, 1956 in Geneva.
Not having the car in stock, the company ordered one from the importer in Zurich and had it transported to Geneva by road. Between Zurich and Geneva, the car was hit and damaged. The company dealt with the other driver's insurer, obtained an indemnity of 900 francs, and had the damage repaired. It then offered to deliver the car to the buyer, but the latter refused to accept it and to execute the contract.
The company then sued the buyer for payment of 6480 francs and compensation for the use of the 1949 Morris car. The buyer concluded that the action should be dismissed.
Considerations
The Federal Tribunal dismissed the company's appeal. It considered that, although the car had been individualized, it was to be delivered in Geneva and not shipped, so the risks of transport were borne by the company. By taking charge of the transport costs and dealing directly with the insurer, the company had shown that the collision had harmed it and that it was bearing the risks of transport.
Furthermore, the…