Kernrechtsfrage
Whether the commercial court arbitrarily applied the disposition principle by setting a higher unit price than claimed by the plaintiff.
Extrahierter Entscheid
No. In a claim for a monetary saldo, the court is bound only by the total amount claimed and may allocate more to one item and less to another within that total.
Extrahierte Begründung
The appellant did not show that the awarded amount exceeded the total claim. The court's unit-price assessment remained tenable and therefore not arbitrary under Art. 9 BV.