Forshagen v. Payne

McDonald, Chief Justice.

Article 4004, Revised Civil Statutes, Vernon’s Ann.Civ.St. art. 4004, provides that actionable fraud with regard to real estate transactions and certain other transactions therein named shall consist of either a false representation of a past or existing material fact, or a false promise to do some act in the future, which is made as a material inducement to another party to enter into a contract. The measure of damages set out in the statute is the difference between the value of the property as represented and the actual value of the property in the condition in…