McIntyre v. Dawes

In the language of counsel for plaintiffs this is an action for damages sustained by plaintiffs by reason of their reliance upon a promise made by defendant without any intention of performing it at the time that he made it, whereby defendant willfully deceived plaintiffs with the intent to induce them to alter their position to their injury, which they, by reason of believing defendant’s promise, did do to their damage.

The action, if maintainable at all, rests upon these statutory provisions:

“Every person is bound, without contract, to abstain from injuring the person or property of another,…