Sale Rescission Due to Undisclosed Right of Way as Latent Defect

The dispute concerned a contract for the sale of real property where the seller, obligated to transfer the property free of all charges, later claimed that a pre-existing right of way, previously unknown to the buyer, did not constitute a latent defect justifying resolution of the sale. The court, upholding the lower court's decision, reasoned that a known servitude or charge affecting the property sold, which was not expressly disclosed and substantially diminished the buyer's enjoyment or utility of the property as expected from the contract, constitutes a latent defect for which the seller remains liable under the warranty against encumbrances, thus justifying the buyer's request to rescind the sale.