Questão jurídica principal
Whether the 9 April 1998 agreement was validly rescinded by the parties
Decisão extraída
The lower court's finding of a consensual rescission was upheld; the challenge failed because the appellant did not show arbitrariness.
Fundamentação extraída
Subjektive Vertragsauslegung depends on the actual common intent of the parties; this factual assessment is reviewed only for arbitrariness. The appellant argued merely appellatorily and did not demonstrate that the cantonal court's assessment of the parties' conduct and surrounding circumstances was untenable.