context: Farah contends the Supreme Court did not intend for DeLanney to preclude a fraud cause of action simply because the plaintiff seeks to recover expectancy damages.
citation_a.signal: but see
citation_a.identifier: 847 S.W.2d 294, 294, 298
citation_a.parenthetical: negli gent misrepresentation consists of misrepresentation of existing fact rather than promise of future conduct
citation_a.sentence: See Matthews v. AmWest Sav. Ass’n, 825 S.W.2d 552, 554 (Tex.App.-Beaumont 1992, writ denied) (attempt to recover benefit of the bargain does not transform a fraud into a breach of contract); but see Airborne Freight Corp. v. C.R. Lee Enter., Inc., 847 S.W.2d 289, 296 n. 4 (Tex.App.-El Paso 1992, writ denied) (disapproving statement in Matthews that, because fraud is a quasi-contractual action, law does not preclude recovery of expectancy damages). ' Regardless of the damages sought, we conclude Farah’s fraud and negligent misrepresentation causes of action in the underlying suit were based upon the breach of a promise and therefore contractual in nature. See Crim Truck & Tractor v. Navistar Int’l, 823 S.W.2d 591, 597 (Tex.1992) (law imposes duty to refrain from fraudulently inducing a person to enter a contract, but the failure to perform the terms of a contract is a breach of contract); Airborne Freight, 847 S.W.2d at 294, 298 (negli gent misrepresentation consists of misrepresentation of existing fact rather than promise of future conduct).
citation_b.signal: see
citation_b.identifier: 825 S.W.2d 552, 554
citation_b.parenthetical: attempt to recover benefit of the bargain does not transform a fraud into a breach of contract
citation_b.sentence: See Matthews v. AmWest Sav. Ass’n, 825 S.W.2d 552, 554 (Tex.App.-Beaumont 1992, writ denied) (attempt to recover benefit of the bargain does not transform a fraud into a breach of contract); but see Airborne Freight Corp. v. C.R. Lee Enter., Inc., 847 S.W.2d 289, 296 n. 4 (Tex.App.-El Paso 1992, writ denied) (disapproving statement in Matthews that, because fraud is a quasi-contractual action, law does not preclude recovery of expectancy damages). ' Regardless of the damages sought, we conclude Farah’s fraud and negligent misrepresentation causes of action in the underlying suit were based upon the breach of a promise and therefore contractual in nature. See Crim Truck & Tractor v. Navistar Int’l, 823 S.W.2d 591, 597 (Tex.1992) (law imposes duty to refrain from fraudulently inducing a person to enter a contract, but the failure to perform the terms of a contract is a breach of contract); Airborne Freight, 847 S.W.2d at 294, 298 (negli gent misrepresentation consists of misrepresentation of existing fact rather than promise of future conduct).