Hinson v. Jefferson

215 S.E.2d 102 (1975)

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Nature of the Case

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Facts

P purchased land from Jefferson for the purpose of building a home. When P decided to build, it was discovered that the land was unfit for a septic system because it was only 2.6 feet above the water table of Black Swamp and was subject to flooding. The improvements needed to fix the flooding problem would cost several hundred thousand dollars. P's building permit was denied. Neither P nor D was aware that the land could not support a septic system. P did not allege any fraud by D but sued to rescind the sale. The deed from D to P contained no covenant or warranty that the land was suitable for the construction of a residence. But the deed contained other restrictions against noxious or offensive trade, the erection of signs or billboards, and the storage of trade inventories, trucks or tractors and that no residence should be constructed with a cost of less than $25,000 or without D approval of the plans. The trial court concluded that as a matter of law P was not entitled to relief. The Court of Appeals reversed under mutual mistake of material fact and total failure of consideration.