Zuckerman v. Cochran

GARDNER, Justice.

Action for deceit in the purchase of real estate sold by defendant to plaintiff. The foundation of the suit rests upon a future promise as to the resale of the property for a profit.

While a failure to fulfill a mere promise or undertaking — something to be done in the future — alone will not constitute actionable fraud, yet if with intent to deceive a promise is made with no intention of fulfillment at the time, and injury to the defrauded party results therefrom, fraud may be predicated thereon, notwithstanding the future nature of the representations. This is the settled…