Questione giuridica chiave
Whether the owner’s final prayer for relief was sufficiently clear and specific under cantonal procedural law despite being stated by reference to expert findings.
Decisione estratta
Yes. In the circumstances, the reference to the expert’s precise figure of CHF 123,500 made the claim sufficiently determinate and non-arbitrary to treat as admissible.
Motivazione estratta
Although a money claim is normally to be quantified, an exception exists where the amount cannot yet be precisely pleaded. Here the expert’s amount was unambiguous, had been discussed at hearings, and was understood by both parties and the trial court; the cantonal court therefore did not act arbitrarily in accepting the claim.