Rescission for Undisclosed Hidden Real Property Defect

A vendor failed to disclose a significant, undisclosed defect in a piece of real property at the time of sale, leading the purchaser to initiate an action for rescission based on warranty against hidden defects. The court upheld the lower court's decision, reasoning that the defect, which substantially diminished the property's value and use, constituted a hidden defect under the law, and the vendor's failure to declare it entitled the buyer to the requested remedy of rescission.