First Union National Bank v. Steele Software Systems Corp.

ADKINS, Judge.

In this high stakes business dispute, we are asked to review evidence of a lengthy business negotiation between a large bank and one of its vendors that culminated in a written contract, and the bank’s deliberate breach of that contract. We must determine whether the evidence was sufficient to support the vendor’s claim that the bank, never intending to perform, fraudulently induced the vendor to enter the contract. In doing so, we differentiate between actionable fraudulent misrepresentations and indefinite generalities that do not support fraud in the context of discussions…