Dickinson v. Atkins

Upon the evidence presented in this record, we are of opinion no recovery could be sustained under the second count of the declaration. The facts proved in support of that count would establish a flagrant breach of contract, but they do not sustain an action for deceit. To sustain an action for deceit, it must be established that the representations complained of were false; that they related to matters material to the transaction, and not solely to promises as to matters in futuro; that the defendant making the false representations then knew them to be false, and that the plaintiff,…