Purchaser's Right to Rescission for Fraudulent Concealment of Property Defect

A purchaser, having discovered a serious, undisclosed defect in a purchased property that rendered it unsuitable for its intended purpose, sought rescission of the sale based on the seller's fraudulent concealment of this defect, which the lower court had denied despite finding evidence of the defect. The high court quashed the lower court's decision, reasoning that a judgment denying rescission due to a hidden vice could not stand when the trial judge had established the existence of the serious, undisclosed defect, as this finding implicitly confirmed the essential element necessary for the seller's fraudulent conduct leading to the rescission.