Facts
The case concerns a lawsuit by F. Dinten against F. Uhler for an amount of Fr. 50'000.--. On August 30, 1956, Dinten and his creditor, Fellinger, agreed that Dinten would withdraw the lawsuit against Uhler if Fellinger withdrew his against Dinten. Dinten signed a letter of withdrawal of the lawsuit against Uhler, which was sent to the debt collection office on August 31. However, on August 29, Dinten's wife had already informed the debt collection office by telephone that the withdrawal of the lawsuit would not be valid, and on August 30, Dinten's lawyer sent a letter to the debt collection office, stating that Dinten contested the withdrawal of the lawsuit due to deception and error. This letter arrived at the debt collection office on August 31, before the withdrawal letter.
Uhler filed a complaint against the subsequent seizure, arguing that Dinten had lost the opportunity to revoke the withdrawal of the lawsuit by signing the withdrawal letter. The debt collection office rejected the complaint, but the court of appeal overturned the decision and ordered the cessation of the lawsuit against Uhler.
Considerations
The Federal Court examined the question of whether Dinten's withdrawal of the lawsuit was valid, despite the fact that the debt collection office had received a revocation letter before the withdrawal letter. The Court considered that the withdrawal of the lawsuit only takes effect when the debt collection office receives it, and that the creditor can revoke the withdrawal by a declaration that reaches the debt collection office before the withdrawal declaration.
The Court also considered that the agreement between Dinten and Fellinger, whereby Dinten would withdraw the lawsuit against Uhler if Fellinger withdrew his against Dinten, was…