Property Rescission Denial Based on Undisclosed Defect

An individual sought to rescind a contract for the purchase of a property based on a significant undisclosed defect that rendered the premises unfit for their intended use, arguing that the seller had a duty to disclose this latent vice affecting the property's value and utility. The court rejected the appeal, finding that the alleged defect was not a hidden vice covered by warranty because it was either apparent upon reasonable inspection or the buyer had knowledge or the means to discover it prior to the sale, thus affirming the lower court's decision that the seller had fulfilled their obligations and the contract could not be rescinded on that basis.