Buyer v. Seller: Hidden Defect Warranty and Discoverability

A purchaser brought an action against a seller for rescission of a sale and damages, alleging that the sold item had a hidden defect making it unsuitable for its intended purpose, but the seller argued that the defect was discoverable through a simple examination, thus falling outside the scope of the warranty against hidden defects. The court ruled that a hidden defect is one that the buyer could not reasonably discover upon taking possession, even with due diligence, and since the defect rendered the item unfit for its intended use, the seller remained liable under the warranty, leading to the cassation of the lower court's decision which had dismissed the claim based on the discoverability of the defect.