Buyer's Prior Knowledge of Defect Bars Rescission Claim

A party sued for rescission of a sale, claiming the object sold was infected with a vice redhibitory, but the lower court dismissed the claim because the evidence showed the buyer was aware of the defect prior to the finalization of the sale. The appellate court upheld this decision, finding that knowledge of the defect prior to the sale precluded the buyer from seeking the remedy for hidden defects. The highest court upheld the lower court's finding, reasoning that the buyer's prior knowledge of the defect, demonstrated by the facts established below, constituted an acceptance of the item with that known defect, thereby nullifying the right to later claim rescission based on the very defect they were already aware of.