Questione giuridica chiave
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.
Decisione estratta
No. The court could reasonably find a factual mistake, so the admission was retractable.
Motivazione estratta
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.