Gribble v. Gribble

PARKER, Judge.

In general, an unfulfilled promise will not support an action for fraud. If, however, at the time the promise is made the promisor has no intention to perform and the promisee reasonably relies on the promise to act to his injury, the promise may constitute a misrepresentation of a material fact such as to support an action for fraud. This is so because the state of mind of the promisor is a subsisting fact which has been falsely represented. Gadsden v. Johnson, 261 N.C. 743, 136 S.E. 2d 74 (1964) ; Davis v. Davis, 236 N.C. 208, 72 S.E. 2d 414 (1952). Plaintiffs here have…