Kelley v. Cooper

I concur in Divisions 1 and 2 of the majority opinion. I respectfully dissent from Divisions 3, 4, and 5.

1. With regard to Division 3, I do not agree that the evidence showed that Kelley committed a fraud upon Cooper. “The elements of a fraud action are an intentional false representation by the defendant designed to induce the plaintiff to act or refrain from acting, upon which the plaintiff justifiably relies, resulting in damage to the plaintiff.”6

Although “[fjraud may be proved by slight circumstances, and whether a misrepresentation is fraudulent and intended to deceive is generally a…