Supreme Court of North Carolina, 1936

McCormick v. . Jackson

McCormick v. . Jackson
Supreme Court of North Carolina · Decided January 22, 1936 · Devin
183 S.E. 369; 209 N.C. 359; 1936 N.C. LEXIS 479 (South Eastern Reporter)

McCormick v. . Jackson

Opinion of the Court

Per Curiam.

Promissory representations, looking to the future, such as to what an agent or optionee can do with property, how much he can make on it, or what he can gain by handling it, are not generally regarded as fraudulent in law. Nat. Cash Reg. Co. v. Townsend, 137 N. C., 652, 50 S. E., 360, 70 L. R. A., 349; Williamson v. Holt, 147 N. C., 515, 61 S. E., 384, 17 L. R. A. (N. S.), 240; 15 R. C. L., 252-253. Compare Kamm v. Flink, 113 N. J. L., 582, 175 Atl., 62, 99 A. L. R., 1, and note.

The allegations of the present complaint seem to fall within this principle.

While, of course, the statute of limitations is not raised by the demurrer, it is observed that plaintiffs have waited more than three years after the discovery of the alleged fraud to bring their action. C. S., 441, subsec. 9.

Affirmed.

Devin, J., took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.