Berwer v. Union Central Life Insurance

WiNBORN®, J.

Conceding, but not deciding, that tbe plaintiffs are tbe real parties in interest and can maintain tbis action, C. S., 446, we are of opinion that tbe evidence offered by tbe plaintiffs is not sufficient to establish all of tbe essential elements of actionable fraud. Tbis is decisive of tbe case. Motion for judgment as of nonsuit was properly granted.

“The essential elements of actionable fraud or deceit are tbe representation, its falsity, scienter, deception, and injury. Tbe representation must be definite and specific; it must be materially false; it must be made with knowledge…