Scaroon Manor Operating Corp. v. W. P. & L. Realty Corp.

The amended complaint alleges that the defendants represented (1) that defendant Cone had leased the store in question, (2) that he would occupy it, and (3) that he would pay the rent for it and perform all the terms of the lease. It alleges further that these representations were false in that Cone never intended to enter into possession or pay rent or otherwise perform any of the terms of the lease. It seems to me that as to Cone the misrepresentation is not merely promissory in nature, for “ ‘ the existence or non-existence of an intention in the mind of a man at a given moment is as much…