Question juridique clé
Whether the defendant could set off the CHF 10,000 cash payment against the co-owners' accounting claim.
Solution extraite
Yes. The court upheld the lower court's view that the defendant had overall remitted more than she owed from her rental income, so the set-off was admissible.
Motifs extraits
The appellate court found the factual findings binding: the CHF 10,000 had been booked in the 1996 annual account, and the defendant had in total paid over more than required by her share of the rental proceeds. The plaintiffs' contrary factual assertions were inadmissible in federal appeal.