Goodyear Tire & Rubber Co. v. Washington

In Goodyear Tire & Rubber Co. v. Washington, 719 So. 2d 774, 776 (Ala. 1998) the Court stated the plaintiff's burden in proving fraudulent intent: "The burden is on the plaintiff to prove that when the promise was made the defendant intended to deceive. The plaintiff cannot meet his burden merely by showing that the alleged promise ultimately was not kept; otherwise, any breach of contract would constitute a fraud. It is well settled that a 'jury does not have untrammeled discretion to speculate upon the existence of the requisite intent for promissory fraud.' There must be substantial evidence of a fraudulent intent that existed when the promise was made." (719 So. 2d at 776.)