Supreme Judicial Court of Massachusetts
247 N.E.2d 708 (1969)
Shortly after Apostolos Kannavos (plaintiff) purchased a multi-family building from Carrie Annino (defendant), the city of Springfield sought to abate the building’s use as a multi-family building. Kannavos had purchased the building after reading a newspaper advertisement describing the property as a multi-family income property. However, Annino had knowingly converted the building from a single family dwelling into a multi-family dwelling without the necessary permit. Annino knew that the zoning district where the building was located prohibited multi-family uses. Kannavos contracted to buy the property and did not inquire about zoning or building permits during the process. He was unaware of the zoning restrictions until the city took the abatement action. Annino was aware that Kannavos’ purpose in purchasing the property was to use it as a multi-family investment property. The value of the property was substantially lower as a single family dwelling. Kannavos filed a bill in equity against Annino seeking to rescind the purchase contract. The trial court denied a demurrer and granted rescission. Annino appealed the decision of the trial court.
Rule of Law
Holding and Reasoning (Cutter, J.)
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