28-2-405. What constitutes actual fraud. Actual fraud, within the meaning of this part, consists in any of the following acts committed by a party to the contract or with his connivance with intent to deceive another party thereto or to induce him to enter into the contract:
     (1) the suggestion as a fact of that which is not true by one who does not believe it to be true;
     (2) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
     (3) the suppression of that which is true by one having knowledge or belief of the fact;
     (4) a promise made without any intention of performing it; or
     (5) any other act fitted to deceive.

     History: En. Sec. 2117, Civ. C. 1895; re-en. Sec. 4978, Rev. C. 1907; re-en. Sec. 7480, R.C.M. 1921; Cal. Civ. C. Sec. 1572; Field Civ. C. Sec. 757; re-en. Sec. 7480, R.C.M. 1935; R.C.M. 1947, 13-308.