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Opinion of the Swiss Federal Court in the Matter of Rogenmoser Against Tiefengrund A.G.

BGE 59 II 372 (1933)

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Opinion of the Swiss Federal Court in the Matter of Rogenmoser Against Tiefengrund A.G.

Switzerland Federal Court
BGE 59 II 372 (1933)

Facts

Josef Rogenmoser (plaintiff) entered a long-term (15-year) lease with Tiefengrund A.G. (defendant) to open a restaurant in Zurich, Switzerland. Rogenmoser had pushed for the longer term and told Tiefengrund that he had substantial backup assets from another restaurant Rogenmoser owned. A year later, a massive economic depression struck, creating a significant downturn in the new restaurant’s business. Rogenmoser sought a reduction in rent, but Tiefengrund refused. Rogenmoser sued in the Zurich commercial court, seeking either a modification or termination of the contract. The Zurich court dismissed the action. Rogenmoser appealed to the Switzerland Federal Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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