Questão jurídica principal
Whether the cantonal court arbitrarily applied cantonal procedure by treating an in-proceedings payment of CHF 100,000 as a proven fact despite allegedly insufficient pleading.
Decisão extraída
The cantonal court could treat the payment as a patent fact known to both parties and did not act arbitrarily.
Fundamentação extraída
The payment was documented in the file, formally reported by the notary to the district judge, and not contested as to its admission; the interpretation of cantonal procedural law allowing the court to consider obvious or implicitly admitted facts was sustainable.