Facts
The Federal Court dealt with a legal dispute between [X. GmbH] (Plaintiff) and [A.] (Defendant). The Plaintiff had ordered a demolition boom from the Defendant in the spring of 1996, which was delivered with a one-year warranty for material and construction. However, the boom was delivered late, prompting the Plaintiff to claim defects. On November 7, 1996, the parties entered into an agreement in which the Defendant agreed to take back the purchased item in exchange for the refund of the deposit and to cover all costs due to the delay in delivery and the defective delivery. The Plaintiff filed a lawsuit claiming payment of DM 179'156.75 plus interest. The cantonal court dismissed the claim due to statute of limitations. The Plaintiff appealed, which the Federal Court is now reviewing.
Considerations
The Federal Court first examined whether the statute of limitations was interrupted by the agreement of November 7, 1996. The lower court had determined that the interruption of the statute of limitations occurred through the agreement and further actions, but the last interrupting action occurred too late. The Plaintiff argued that the agreement represented a new contract, subject to a ten-year statute of limitations. The Federal Court confirmed the lower court's view that the agreement merely…