Key legal question
How the contractual surface indication had to be interpreted under Art. 18 CO
Extracted holding
The parties had no proven common actual intent; objectively, the buyers could in good faith understand the stated areas as net surfaces, not gross ones.
Extracted reasoning
The contract and plans did not state that the figures were gross. The company gave the buyers different plans without clear gross/net wording, while the authorization plans were only made available. The cantonal findings that the buyers were not informed were not arbitrary.