Sale of Business Rescission Denied Due to Due Diligence Failure

The case involved a dispute over a contract for the sale of a business, where the buyer subsequently claimed the seller had misrepresented the actual financial health of the business, leading to a claim for rescission of the sale due to error. The court, however, affirmed the lower court's decision to reject the rescission, reasoning that the alleged misrepresentations related to elements that the buyer, as a professional in the field, should have verified through due diligence, and therefore did not constitute a fundamental error vitiating consent, especially when the contract itself contained provisions acknowledging that the buyer was accepting the business in its existing state.