Questione giuridica chiave
Whether the defendant was entitled to a party examination to prove an alleged agreement on labeling
Decisione estratta
The defendant had implicitly waived the request by withdrawing the related witness evidence and not insisting on the party examination.
Motivazione estratta
The party examination was only ancillary to the withdrawn witness evidence; the court therefore did not violate the right to present evidence under Art. 8 ZGB.