Kernrechtsfrage
Whether the cantonal court arbitrarily refused the appellant's evidence on alleged unlawful conduct and damage
Extrahierter Entscheid
No. The offered facts were not sufficiently relevant because they were not tied to a norm protecting against purely pecuniary loss, so anticipatory assessment and refusal of evidence were permissible.
Extrahierte Begründung
Under cantonal procedural law and art. 9 Cst., the right to evidence exists only for sufficiently precise and relevant allegations. Since the alleged conduct was not linked to a protected legal norm under art. 41 CO, the evidence was immaterial.