Ghormley v. . Hyatt

The court below refused to submit the following issue tendered by plaintiffs: “Was the note and mortgage of 5 July, 1926, obtained by fraud and misrepresentation, as alleged in the complaint?” We think the court below correct.

In Electric Co. v. Morrison, 194 N. C., 316 (317), it is said: “The essential elements of actionable fraud or deceit are the representation, its falsity, scienter, deception, and injury. The representation must be definite and specific; it must be materially false; it must be made with knowledge of its falsity or in culpable ignorance of its truth; it must be made with…