Buyer's Rescission Claim Time-Barred Due to Warranty Period Commencement Upon Delivery

A buyer sought to rescind a sale due to a material defect in the item sold, claiming the seller knew of the defect, while the seller argued the buyer's action was time-barred by the statutory warranty period which had begun upon delivery. The court rejected the buyer's appeal, reasoning that the action was indeed time-barred because the warranty period for latent defects commences upon the delivery of the thing sold, not upon the discovery of the defect, and the buyer failed to prove that the seller actively concealed the defect to prevent its discovery within the statutory timeframe.