Key legal question
Whether new evidence of waiver-of-limitation declarations could be admitted before the Federal Supreme Court
Extracted holding
The new evidence was admissible because the cantonal court's surprising limitation reasoning only emerged from the appealed judgment.
Extracted reasoning
Under Art. 99(1) BGG, new facts are allowed when the lower court's decision first makes them relevant; the appellant could not anticipate limitation being assessed on the period after the waivers were given.