In Crawford v. Ace Sign, Inc., 917 S.W.2d 12 (Tex. 1996), the defendants represented that the plaintiff's business would grow at least seventy to eighty percent in one year by placement of a yellow pages ad, the parties contracted for the placement of an ad in the yellow pages, but the ad did not appear in the yellow pages as promised. See 917 S.W.2d at 12-13.
The supreme court held that the defendants' statements "were nothing more than representations that the defendants would fulfill their contractual duty to publish." Id. at 14.
There was no allegation in Crawford that the defendants never intended to perform their contractual obligations. See id. at 12-15.