Kernrechtsfrage
Whether the appeal could challenge the cantonal court’s factual findings on when the premises could objectively be re-let.
Extrahierter Entscheid
No. In reform appeal proceedings the Federal Court was bound by the cantonal findings of fact and would not reconsider evidence or new facts.
Extrahierte Begründung
The tenant’s arguments relied on facts contrary to the cantonal judgment, especially that the landlords could use the premises already in October 2001. Such complaints were inadmissible in reform proceedings.