Kernrechtsfrage
Whether the defendant was entitled to a party examination to prove an alleged agreement on labeling
Extrahierter Entscheid
The defendant had implicitly waived the request by withdrawing the related witness evidence and not insisting on the party examination.
Extrahierte Begründung
The party examination was only ancillary to the withdrawn witness evidence; the court therefore did not violate the right to present evidence under Art. 8 ZGB.