Questão jurídica principal
Whether a damages claim for non-performance of a land sale is reviewable on federal appeal.
Decisão extraída
No. The claim is governed exclusively by cantonal law under Art. 231 OR, so the Federal Court lacks appellate jurisdiction under Art. 56 OG.
Fundamentação extraída
For contracts concerning real estate, Art. 231(1) OR makes cantonal law wholly applicable; therefore the existence and extent of damages claims for non-performance must be assessed only under that law. Because the dispute depends on cantonal private law alone, it falls outside federal appellate review.