Johnson v. Owens

The oft-stated essential elements of 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 fraudulent intent; it must be reasonably relied on by the other party; and he must be deceived and caused to suffer loss’ . . . The principle applies to contracts and sales of both real and personal property. . . .” Berwer v. Insurance Co., 214 N.C. 554, 557, 200 S.E. 1, 3; accord,…