BGHZ 45, 311 VII. Civil Senate (VII ZR 23/65) = NJW 1966, 1807 =
VersR 1966, 959 = JZ 1966, 645 30 June 1966 Translated by: Von
Mehren and Gordley Professor B.S. Markesinis  Defendants G and T
are partners in civil law (Gesellschafter einer Gesellschaft des
bürgerlichen Rechts) in a motor vehicle garage. The plaintiff
had an accident as a result of defects in repairs to his
automobile that had been made at the garage. He brought a claim
for damages against the defendants. The Oberlandesgericht
adjudged G and T liable to pay for only half the damages in view
of the contributory fault of the plaintiff. On the revision
brought by the defendants, the liability of defendant G for
damages was denied.  The court holds that defendant T, who
actually repaired the vehicle, is liable under § 823 BGB for
defects in the repairs which caused the brake fluid to leak out
and the brakes to fail at the time of the accident. The court
also holds that defendant G is not liable under § 823 BGB since
he did not repair the vehicle,