Question juridique clé
Whether the Federal Court had jurisdiction over the appeal against the counterclaim based on the sale contract
Solution extraite
The contract was treated as a real-estate sale; therefore the claims derived from it were governed exclusively by cantonal law, so the Federal Court lacked jurisdiction.
Motifs extraits
Although the sale also covered furnishings, the transfer of the land was the main content of the single contract and the furniture was merely accessory. Under Art. 231(1) OR, the applicable law was cantonal, excluding federal appellate review.