Norton v. Poplos

DUFFY, Justice:

The critical issue in this appeal concerns the right to rescind a contract for the purchase of real property. We conclude that the Court of Chancery should determine whether the buyer has a right to rescind the agreement on the basis of innocent misrepresentations by the seller and, for that reason, we reverse the judgment and remand the case to the Court of Chancery.

I

For present purposes, the pertinent facts are as follows:

Andrew W. Poplos 1 owned an improved lot in the Delaware Interstate Industrial Park which was subject to M-l zoning. In September 1979, Poplos decided to…