For Your Data Didonato V. Reliance Criterion Life Ins. Co. Instance Brief
September 16, 2019
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DiDonato v. Reliance Standard Life Ins. Co. illustration brief summary
249 A.2d 327 (1969)
CASE FACTS
Appellee entered into an understanding of sale alongside appellants. Under the terms of the contract, appellee agreed to sell appellants a belongings for $ 16,000. Appellee executed a certification of compliance with 21 P.S. § 613.1 (1955), stating that the premises were zoned industrial. This certification was right too was appended to the understanding of sale. Soon thereafter, an ordinance was enacted that changed the zoning of the premises industrial to residential. Two months afterward the populace records noted this change. The transaction was settled, merely neither political party was aware of the alter inwards zoning classification. Later, appellants contracted to sell the premises too learned of the zoning change. Appellants filed an activeness inwards equity to rescind the understanding of sale.
PROCEDURAL HISTORY
The chancellor entered an adjudication inwards favor of appellee. The lower court, en banc, affirmed, entering a terminal decree against appellants.
DISCUSSION
The courtroom affirmed the lower court's decree, holding that betwixt the fourth dimension of the sales agreement's execution too the settlement, appellant buyers assumed the peril that the zoning ordinance could accept been changed from industrial to residential. Although appellee seller did misrepresent the zoning condition of the plain of written report premises at settlement, because of the passage of the peril at the sales agreement's execution, the lower courtroom did non err.
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249 A.2d 327 (1969)
CASE SYNOPSIS
Appellant buyers challenged the decree of the Court of Common Pleas of Philadelphia County (Pennsylvania), which, pursuant to an activeness brought past times appellants against appellee seller inwards equity, institute inwards favor of appellee. Appellants argued that their understanding for the sale of existent estate should accept been rescinded due to appellee's unknowing misrepresentation of the zoning condition of the belongings sold.CASE FACTS
Appellee entered into an understanding of sale alongside appellants. Under the terms of the contract, appellee agreed to sell appellants a belongings for $ 16,000. Appellee executed a certification of compliance with 21 P.S. § 613.1 (1955), stating that the premises were zoned industrial. This certification was right too was appended to the understanding of sale. Soon thereafter, an ordinance was enacted that changed the zoning of the premises industrial to residential. Two months afterward the populace records noted this change. The transaction was settled, merely neither political party was aware of the alter inwards zoning classification. Later, appellants contracted to sell the premises too learned of the zoning change. Appellants filed an activeness inwards equity to rescind the understanding of sale.
PROCEDURAL HISTORY
The chancellor entered an adjudication inwards favor of appellee. The lower court, en banc, affirmed, entering a terminal decree against appellants.
DISCUSSION
- The courtroom affirmed the lower court's action.
- Appellants argued for rescission based on appellee's misrepresentation.
- The courtroom rejected the argument, holding that the peril of the zoning alter was born past times appellants betwixt the fourth dimension of the understanding of sale's execution too the settlement.
The courtroom affirmed the lower court's decree, holding that betwixt the fourth dimension of the sales agreement's execution too the settlement, appellant buyers assumed the peril that the zoning ordinance could accept been changed from industrial to residential. Although appellee seller did misrepresent the zoning condition of the plain of written report premises at settlement, because of the passage of the peril at the sales agreement's execution, the lower courtroom did non err.
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