During the middle of winter, Sam decided to sell his residen…
During the middle of winter, Sam decided to sell his residential property which included a large lake. Sam knew nothing of fishing and had never spent time recreating at the lake. Basil was an avid fisherman who knew of the lake and made a full-price offer to Sam because, as he related to Sam, he wanted to have a place where he could live and fish every day of his (Basil’s) retirement. Basil inspected the lake but it was iced over and Basil could not determine if it was stocked with fish. Sam professed ignorance about the presence of any fish and told Basil that he had no interest in the lake and considered it a liability since he had to chase trespassers away from the lake on a regular basis. After the transaction closed, the ice eventually thawed and Basil discovered that the lake was absolutely barren of fish and due to the lack of plant life in and around the lake, a fish population could not be sustained. Basil sought to rescind the sale. On what ground is Basil most likely to prevail?
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