Key legal question
Whether the cantonal court arbitrarily applied Art. 189 LPC/GE by allowing the respondent to retract a judicial admission based on an alleged factual error.
Extracted holding
No. The court could reasonably find a factual mistake, so the admission was retractable.
Extracted reasoning
The reference to consignment was assessed in light of the parties’ conduct, witness testimony, and documentary evidence. The cantonal court’s finding that the respondent had mistaken the legal characterization of the transaction was not manifestly untenable.