Whether the expropriation contract validly covered nails as 'anchors' or was void for hidden dissent
The contract was not validly concluded as to the nail compensation clause because there was a hidden dissent on a material point.
Neither a real nor a normative consensus existed on how nails were to be compensated. The respondent could not in good faith rely on CHF 440 per visible fastening point, and the canton could not be bound to such an excessive result. The disagreement concerned a main point for both sides.