Bursey v. Clement

This is a bill in equity to set aside the conveyance of real estate and rescind the underlying purchase and sale agreement. Trial before a Master (Mayland H. Morse, Jr., Esquire) resulted in a decree for the defendants. Flynn, J., transferred the plaintiff’s exception. We hold that under the facts before us, the defendants owed a duty to the plaintiff to inform him of the altered circumstances surrounding the transaction. Defendants’ failure to perform that duty justifies rescission; consequently we reverse.

The plaintiff is a real estate developer. In October 1976, he was searching for a…