DAVIS v. DAVIS

No. 101.

72 S.E.2d 414 (1952)

236 N.C. 208

DAVIS v. DAVIS et al.

Supreme Court of North Carolina.

September 24, 1952.


Attorney(s) appearing for the Case

Clyde M. Roberts and Calvin R. Edney, Marshall, for plaintiff, appellant.

J. M. Baley, Jr., and Charles E. Mashburn, Marshall, for defendants, appellees.


DENNY, Justice.

It is the general rule that an unfulfilled promise cannot be made the basis for an action for fraud. Williams v. Williams, 220 N.C. 806, 18 S.E.2d 364; Shoffner v. Thompson, 197 N.C. 664, 150 S.E. 195; Planters' Bank & Trust Co. v. Yelverton, 185 N.C. 314, 117 S.E. 299; Pritchard v. Dailey, 168 N.C. 330, 84 S.E. 392; 23 Am.Jur., Fraud and Deceit, section 38, page 799 et seq. The rule, of course, is otherwise, where the promise is made fraudulently...

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