Annulment of Sale Due to Latent Defect and Fraudulent Nondisclosure

A party sued to obtain the annulment of a sale based on a defect that rendered the object unfit for its intended use, arguing that the seller knew of the defect and failed to disclose it, constituting fraud, but the lower court denied the request, finding that the defect was not substantial enough to completely destroy the object's utility and that there was no evidence of bad faith on the part of the seller. The highest court quashed the decision, reasoning that if a defect significantly impedes the object's intended function, it constitutes a latent defect justifying annulment, irrespective of whether the object remains partially usable, and the failure to disclose a known, significant defect can imply bad faith sufficient to warrant rescission of the contract.