Reilley owned a small ranch that he planned to sell. The ranch was in a rural area, and the exact boundaries were not clear. Although a survey of the ranch existed, Reilley felt that it was incorrect. As a result, he hired Gavin, a licensed surveyor, to resurvey the ranch. Reilley placed stakes in the ground where he believed to be one of the corners, and Gavin surveyed with that as the starting point.

When Reilley placed the property on the market, he used Gavin's survey as the basis for the description of the property. Herman contracted to purchase the ranch on the basis of the Gavin survey. During the negotiations, Herman and Reilley walked what Reilley informed Herman were the boundaries. Reilley did not inform Herman of the questionable boundaries or the existence of the first survey.

After Herman took the title, he discovered that boundaries were questionable and that another survey existed. This survey indicated that the ranch was smaller than the Gavin survey indicated. Herman sued to rescind, arguing fraud in that Reilley had not informed him of the questionable boundaries and the discrepancy between the two surveys. Would Herman be successful? Support your answer.