Facts
In the bankruptcy of Hotel Rigi-First AG, the hotel property was awarded to Karl Dubs at the first public auction on 15 July 1948 for the price of 500,000 francs. As Dubs did not pay the purchase price within the prescribed period, the award was revoked. At the second public auction on 24 May 1950, the property was awarded to another buyer for 180,000 francs. The bankruptcy estate claimed from Dubs the payment of the realization costs of the first and second auctions, amounting to a total of 21,210.71 francs. The cantonal court partially upheld the estate's claim, ordering Dubs to pay 19,544.23 francs. The parties appealed against this judgment to the Federal Tribunal.Considerations
1. The Federal Tribunal rejects the estate's argument that the conditions of the second public auction would have created a definitive obligation for Dubs to pay all the realization costs. The conditions of sale could not constitute an enforceable decision within the meaning of Art. 17 DEBA, as the question of Dubs' liability for these costs is subject to the judge's assessment under Art. 143(2) DEBA. 2. According to Art. 143(2) DEBA, the defaulting adjudicatee must make good any deficit and other damages resulting from the new sale. However, in this case, the proceeds of the second public auction, added to the fire insurance indemnities received, not only covered the former auction price, but also allowed the entire costs of 21,210.71 francs claimed by the estate to be covered. The non-execution of the first purchase has…