On August 4, 1965, DiDonato (plaintiff) agreed to purchase the subject property from Reliance Standard Life Insurance Company (defendant). At the time the parties signed the purchase agreement, the property was zoned for industrial use. In September, a zoning amendment restricted the property to residential use, but the parties were unaware of the change. The closing took place in October 1965, and the zoning change was not reflected in the public records until November. DiDonato finally discovered the zoning change when he tried to sell the property in 1967 and sued to rescind the 1965 contract. The trial court ruled for Reliance, and DiDonato appealed.