In February 2015, Gary Gullible, a retired school teacher with no prior experience in running a tavern, met with Sammy Seller and negotiated a contract with Sammy to buy his bar.The contract contained a condition that it was subject to Gary being approved to own the liquor license for the bar.During the negotiations, Sammy made no representations to Gary regarding the gross income for the tavern.

Six weeks after the contract was signed but before the closing of the deal, Sammy and Gary met with the Alcoholic Beverage Control Commission (ABCC) to discuss the transfer of the liquor license to Gary.Sammy told the agent, in Gary's presence that the tavern's gross income for October, November and December 2014 was approximately $20,000 per month.

Shortly thereafter, the license transfer was approved and the transaction closed on April Fools Day, 2015.

For the next few months, the gross income for the tavern was approximately $7500 per month.Gary contacted Sammy's bookkeeping service and found that the income for the last three months of 2014 was actually approximately $5500 per month.

Gary sued Sammy to rescind (cancel) the contract. What result and why?