Homeowner v. Construction Company (Defective Lighting and Rescission)

A homeowner brought an action against a construction company alleging that materials used in the construction of their residence were defective, specifically arguing that the presence of mercury vapor lamps in the basement, which required frequent replacement and repair, constituted a breach of warranty and a nuisance justifying the rescission of the sale. The court rejected the appeal, reasoning that the presence of mercury vapor lighting, while perhaps inconvenient, did not constitute a fundamental defect or render the property unfit for its intended purpose as a dwelling, thus affirming the trial court's decision to deny the rescission of the sale.