Hawkins v. Kennedy

In a complaint of two counts based on promissory notes of $2,500 each, plaintiffs failed to include a direct allegation that -defendant’s promises to them were made without any intention of performing them but did allege in part as follows:

‘“That the defendant -has been guilty of a fraud in contracting the aforesaid debt and incurring the obligation for which this action is brought. That at the time the defendant received said sum of money he and his wife were the record owners of residential property, viz., Lot 8, Block 1, Happy Hollow Second Addition to Sioux Falls in said Minnehaha County.…