Ebbs v. St. Louis Union Trust Co.

The evidence, issues and verdict present this situation: A real estate agent makes certain false representations as to the character and condition of a house which he proposes to sell, but these representations are made without knowledge of their falsity, and hence as a necessary consequence without intent to deceive. It is therefore apparent that this action cannot be maintained by the plaintiff as a suit for damages for fraud and deceit. Scienter and intent to deceive are essential elements of actionable fraud. Corley Co. v. Griggs, 192 N. C., 171, 134 S. E., 406; Peyton v. Griffin, 195 N.…