Sproul v. Fossi

This is an action for damages for fraud. The case was tried before the court, without a jury. Defendant appeals from a judgment awarding plaintiff $10,000 in actual damages and $5,000 in punitive damages. We affirm.

Defendant contends that there was insufficient evidence to establish fraud and, in particular, to prove that defendant made a promise with an intent not to perform that promise, as required to establish the fraud alleged in this case.

Plaintiff testified that defendant called him and told him that he had "a real good deal lined up where we’d double our money or more in one week’s…