Airborne Freight Corp., Inc. v. C.R. Lee Enterprises
In Airborne Freight Corp., Inc. v. C.R. Lee Enterprises, 847 S.W.2d 289 (Tex. App.-El Paso 1992, writ denied), the plaintiff alleged causes of action for breach of contract, fraud, and negligent misrepresentation. Id. at 291.
The plaintiff's claims of fraud and negligent misrepresentation were both submitted to the jury. Id. at 293. There, the court specifically stated, "the sort of 'false information' contemplated in a negligent misrepresentation case is a misstatement of existing fact." Id. at 294.
The court ultimately concluded with regard to the plaintiff's negligent misrepresentation theory that the plaintiff's statement could not be characterized as a misrepresentation of existing fact and that it was, if anything, a conditional promise. Id. at 298.
The court's discussion in Airborne Freight was not limited to a claim of fraud.
Furthermore, whether the misrepresenting party did so intentionally or negligently has no bearing on the issue of what was misrepresented.