Rescission of Sale Due to Latent Defect Upheld

A party appealed a judgment that ordered the rescission of a sale due to the discovery of a latent defect in the property sold, arguing that the seller was not responsible because the defect was known to the buyer at the time of the sale or readily apparent. The court rejected the appeal, reasoning that the seller remains liable for latent defects that render the thing unfit for its intended use or diminish its utility to such an extent that, had the buyer known of them, they would not have concluded the sale or would have paid a lower price, unless the buyer was aware of the defect or it was a visible flaw that the buyer failed to note.