By The Law Offices of John Day, P.C. on Apr 05, 2024 06:00 am
Where defendants filed a counterclaim for intentional misrepresentation, but defendants’ allegations all centered around promises that plaintiffs had made to take certain actions in the future and defendants did not allege that plaintiffs had no present intention of performing when the promises were made, dismissal of the intentional misrepresentation claim was affirmed. In Auxin, LLC v. DW Interests, LLC, No. M2022-01087-COA-R3-CV (Tenn. Ct. App. Jan. 25, 2023), plaintiffs sued defendants asserting various claims related to a real estate development contract. Defendants filed a counter-claim for breach of contract, but also included a claim for intentional misrepresentation. Among other rulings, the trial court dismissed defendants’ intentional misrepresentation claim, which was affirmed on appeal. To successfully assert an intentional misrepresentation claim, a party must show that the tortfeasor “made a representation of an existing or past fact” that “was false when made.” (internal citation omitted). Here, defendants’ factual allegations all related to statements plaintiffs allegedly made about things they would do in the future. The Court wrote:
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