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Kannavos v. Annino

356 Mass. 42, 247 N.E.2d 708 (1969)

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Kannavos v. Annino

Massachusetts Supreme Judicial Court
356 Mass. 42, 247 N.E.2d 708 (1969)

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Facts

Shortly after Apostolos Kannavos (plaintiff) purchased a multifamily building from Carrie Annino (defendant), the city of Springfield sought to abate the building’s use as a multifamily building. Kannavos had purchased the building after reading a newspaper advertisement describing the property as a multifamily income property. However, Annino had knowingly converted the building from a single-family dwelling into a multifamily dwelling without the necessary permit. Annino knew that the zoning district where the building was located prohibited multifamily 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’s purpose in purchasing the property was to use it as a multifamily 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

Issue

Holding and Reasoning (Cutter, J.)

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