Statute of Limitations for Latent Defect Warranty

A purchaser, having discovered a latent defect in a purchased item that rendered it unfit for its intended use, sued the seller for rescission of the sale and damages, claiming the defect existed at the time of the sale, but the lower court rejected the claim because the action was brought after the statutory period for warranty against hidden defects had elapsed. The highest court upheld the lower court's decision, reasoning that the right to sue for rescission based on a hidden defect is extinguished by the expiration of the statutory warranty period, even if the defect's serious nature could potentially invoke the seller's liability for latent defects causing harm.