Rescission for Delivery of Non-Identical Subject Matter

A seller, having contracted to transfer ownership of a specific piece of property to a buyer, failed to fulfill this obligation by transferring ownership of a similar, but different, item instead, leading the buyer to sue for rescission of the sale and damages. The court overturned the lower court's decision, reasoning that when the object of a contract of sale is clearly and definitively identified, the complete failure to deliver the exact item stipulated constitutes a failure of the essential obligation, which legally justifies the buyer's request for contract rescission based on non-performance, irrespective of whether the delivered item had comparable value or utility.