Questione giuridica chiave
Whether the court could estimate the loss under Art. 42(2) CO because the missing furniture could not be produced for expert appraisal.
Decisione estratta
Yes. Because the furniture had disappeared and its condition and whereabouts were unknown, the damage could be estimated equitably under Art. 42(2) CO.
Motivazione estratta
When evidence of the damage itself has disappeared, strict proof is impossible. The lower court was therefore allowed to estimate the loss equitably; an expert appraisal was not feasible without the objects.