Evergreen Land Co. v. Gatti

HOWERTON, Judge.

By written contract of July 18, 1972, Appellant agreed to sell and Appellee agreed to purchase a 3.01 acre tract of land for $165,000.00. By its terms, the contract stated, “Seller represents the site is presently zoned C — 1, Commercial.” In fact, 2.86 acres was zoned C-2, and .15 acre or approximately 5% of the tract was zoned R-4. Little significance is placed on the C-2 zoning. From the record it appears that the C-2 classification incorporated all allowable uses under C — 1. The controversy in this case, and the basis for Appellee’s rescission of the agreement, was the…