Kyle owned a music box that was made by a well-known 18th-century music box maker named E.T.A. Hofstroff. Lance, a friend of Kyle, always wanted to own that music box, since it was a treasured antique and was expected to appreciate in value. Kyle cleaned and polished the music box, but knew that it did not play any musical tunes because age and neglect wore out the internal mechanism.

In order to induce Lance to purchase the box at the quoted price of $15,000, Kyle told Lance that the music box worked fine and played such tunes as "Mary Had a Little Lamb" and "Frere Jacques." Lance stated that he did not care whether the music box was in working order because he only wanted to display the music box in his living room. Lance paid the $15,000 and the music box was shipped to his home.

One week after he received the music box, Lance decided to listen to the tunes in the music box. He then discovered that it did not operate.

Lance immediately brought the music box back to Kyle and demanded the return of his money. Kyle refused. Lance then sued Kyle for rescission (termination) of the contract and for damages. Will Lance be successful? State the applicable standard of law.