In a trial arising from a share purchase agreement for a campground business, the plaintiff alleged the vendors failed to disclose the full amount of prepaid rentals and deposits collected before closing.
The court found the defendants selectively disclosed partial information and actively withheld important information concerning prepaid rentals, amounting to intentional misrepresentation.
Relying on the duty of honest performance articulated in Bhasin v. Hrynew, the court held the contractual 12-month warranty limitation did not bar the claim.
Judgment was granted to the plaintiff for $73,856.00, with interest and costs to be addressed if not agreed.
