Jugement Kantonsgericht (VD - HC/2020/371)

Canton:	VD
Case number:	HC/2020/371

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/371 vom 15.06.2020 (VD)

Date:	15.06.2020
Force of law:	-

Summary:	A.W., a resident of [...], appealed against a judgment of the Cantonal Court, which ordered him to pay CHF 100000 to S., a resident of [...], he promised. A.W. argued that he did not owe S. the money, since S. had not provided him with the consideration for the money. The Court of Appeal proved A.W. right and overturned the verdict of the Cantonal Court. S. must now reimburse A.W. for the court costs. More detailed summary: A.W. and S. concluded a contract in which S. undertook to provide A. W. with a service. In return, A.W. S. should pay CHF 100000. However, S. did not provide the service in full. A.W. therefore refused to make the payment. The Cantonal Court ordered A. W. to pay CHF 100,000 to S. A.W. appealed against this verdict. Legal justification of the Court of Appeal: The Court of Appeal concluded that A.W. did not owe the money, since S. had not fulfilled his contractual obligations. The Court of Appeal therefore set aside the judgment of the Cantonal Court and dismissed S.'s action. Cost sequence: S. must now reimburse A.W. for the court costs.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 123 CPC;Art. 27 CC;Art. 308 CPC;Art. 310 CPC;Art. 311 CPC;Art. 312 CPC;Art. 57 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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