Smith v. Vosika

Action to recover damages for fraud. The demurrer to the complaint was sustained and the plaintiff appeals. The defendant, a real estate broker, induced the plaintiff, so the complaint alleges, to enter into a contract to purchase land upon a fraudulent promise to sell it for him at an advance within a stated time, and did not fulfil his promise.

A broken promise, with nothing more, does not constitute actionable fraud; but a promise made with the intention of not keeping it, for the purpose of deceiving and défrauding another and thereby getting his money or property, or inducing him to…