Junius Construction Corporation, Respondent v. Bessie Cohen

Summary

The New York Court of Appeals affirmed the trial court's judgment for the plaintiff, rescinding the land purchase contract due to the seller's material misrepresentation about a projected street that would bisect the parcel. The court held that such misrepresentation, even if innocent, justifies rescission and that the trial judge properly excluded evidence concerning the buyer's changed financial condition and purpose, rendering specific performance inequitable.