Question juridique clé
Whether the cantonal court acted arbitrarily by refusing to consider the seller's objection that notice of defects was late under Art. 292 LPC Gen.
Solution extraite
No. The court could treat the objection as not timely raised before the first judge and, in any event, it was irrelevant because liability rested on the contractual warranty.
Motifs extraits
The appellate court addressed a procedural admissibility question, not a factual finding bound by the first instance. Moreover, the contractual warranty contained no notice period for the protected defects.