Sale Rescission Due to Undisclosed Servitude

The case concerned a dispute where a plaintiff, having contracted to purchase land, discovered that the property was burdened with an undisclosed servitude (right-of-way) benefiting a third party, leading the plaintiff to seek termination of the sale and restitution of the purchase price, arguing the hidden encumbrance substantially diminished the value of the property. The court upheld the lower court's decision to rescind the sale, reasoning that the existence of an undeclared servitude, which was not apparent upon inspection and was not mentioned in the deed, constituted a defect that rendered the property unfit for its intended use or substantially diminished its value, thereby justifying the buyer's action for eviction under the warranty against undisclosed encumbrances provided in the civil code.