Opinion
42241, 42242.
SUBMITTED SEPTEMBER 12, 1966.
DECIDED OCTOBER 10, 1966. REHEARING DENIED OCTOBER 26, 1966.
Fraud and deceit. Evans Superior Court. Before Judge Durrence.
Jones Kemp, Charles M. Jones, for appellant.
L. H. Hilton, for appellee.
A petition in tort for fraud and deceit predicated upon false and fraudulent representations, made by a duly authorized agent of an insurance company in the sale of a life insurance policy, that the plaintiff would share in the company's profits, that the defendant guaranteed an annual return of not less than 6 percent, and possibly as much as 15 percent, and that the plaintiff could at her option withdraw any part or all of the sums paid to the company, failed to state a cause of action because the representations upon which the action is predicated were promises and conjectures as to future acts and events. Crozier v. Provident Life c. Ins. Co., 53 Ga. App. 572, 574 ( 186 S.E. 719); Cosby v. Asher, 74 Ga. App. 884, 887 ( 41 S.E.2d 793); Ambrose v. Brooks, 109 Ga. App. 881, 882 ( 137 S.E.2d 573); Clinton v. State Farm Mut. Auto Ins. Co., 110 Ga. App. 417, 419 ( 138 S.E.2d 687); Strickland v. Levy's of Savannah, 112 Ga. App. 665, 666 ( 145 S.E.2d 831).
The trial court erred in overruling the defendant's general demurrers to the plaintiff's petitions.
Judgment reversed. Nichols, P. J., and Deen, J., concur.