Facts
- Whittington purchased a poultry farm based on a representation that the farm was sanitary and in good condition
Issue
- Could the contract be rescinded where the farm was not sanitary and in good repair?
Decision
- No, but an indemnity was awarded
Reasoning
- An indemnity allows for consequential losses to be compensated for, not due to the misrepresentation, which did not give rise to a cause of action. Costs were awarded for repairs to the farm, profit and rent.
