Warf v. Fields

By Judge James H. Chamblin

After argument on February 1, 1993, the Court took under advisement the Demurrer of James W. Fields to Count II of the First Amended Bill of Complaint. The other defensive pleadings that were argued the same day were ruled upon from the bench as embodied in the order entered herein on February 25, 1993.

For the reasons hereinafter set forth, the Demurrer is overruled. The fraud alleged in the First Amended Bill of Complaint involves Fields’s making a promise with the intent not to perform it at the time the promise was made. In such a cause of action for fraud, the…