Kannavos v - proceedings to abate the nonconforming use of...

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Kannavos v. Annino Sup Ct of Mass (1969) J. Cutter P. 357 FACTS: Mrs Annino bought a one-family house and turned it in to 8 apartments without a building permit and in violation of a city ordinance that did not permit multi-family dwellings in the area. Mrs. Annino hired a real- estate broker to sell the house, who also learned of the situation with the city ordinance. Despite knowledge of the zoning and permit problems, the broker advertized the dwelling as a multi rental unit and later provided income figures to the P concerning the rental of the apartments. The D and the broker knew the P was planning on renting the building as apartments, and still went through with the sale. The P did not inquire in to the zoning laws or building permits. Soon after the purchase, the city started legal
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Unformatted text preview: proceedings to abate the nonconforming use of the building. Kannavos brought a bill in equity to rescind the purchase. The trial ct granted the rescission and Mrs. Annino Appealed. Ct. of appeals found there was fraudulent misrepresentation on the part of the D. ISSUE: Whether the statements made by the vendors in their advertising and otherwise take the case out of the rule of nonliability for bare nondisclosure as set out in Swinton. HELD: Yes. P was entitled to rescind. RULE: If gives reference to a given point of information concerning a contract, voluntarily or per request, they are bound to speak honestly and to divulge all the material facts bearing upon the point that lie within his knowledge....
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This note was uploaded on 06/15/2009 for the course LAW 577 taught by Professor Staff during the Spring '08 term at University of Arizona- Tucson.

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