When the basement, walls, floors, and foundation of the buyers’ (plaintiffs) new house cracked and the supporting terrain slid away from the house’s foundation, the buyers sued the sellers (defendants) to rescind the sale based on the sellers’ alleged false misrepresentations regarding the new home. The trial court granted the buyers’ request to rescind the contract, but not because the court found any fraud. Instead, the trial court granted the buyers relief because the sellers knew about the instability of the soil and the foundation and they did not disclose this to the buyers, to whom this defect would not be apparent. The trial court explicitly found that the buyers failed to prove fraud and deceit. The sellers appealed.