Section 6-5-101
Fraud – Misrepresentations of material facts.
Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.
(Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)