DIDONATO V. RELIANCE STANDARD LIFE INS. CO.
433 Pa. 221 (1969)
NATURE OF THE CASE: This was a dispute over the sale of real property.
FACTS: On August 4, 1965, Reliance entered into a contract with DiDonato to sell certain
property for $16,000. Reliance executed a certification stating that the premises were zoned
industrial. This certification was correct and was appended to the Agreement of Sale. On
September 22, 1965 the premises were changed from industrial to residential but the public
records did not note this change. The transaction was settled on October 7, 1965. At
closing, a certification of zoning was delivered to DiDonato that indicated the premises
were still zoned industrial; this was procured from the Department of Licenses and
Inspection. In 1967, DiDonato contracted to sell the premises and then learned about the
zoning change. A variance was not obtained and then DiDonato (P) sued Reliance (D) in equity
to rescind the Agreement of Sale. The Chancellor found for D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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