Ellen Williams v. Belgrade State Bank

The trial court dismissed each count of Plaintiff's three-count petition for failure to state a claim for which relief can be granted. Plaintiff appeals, presenting three ""points relied on,"" each directed to the dismissal of a specific count. In Count I of her second amended petition, Plaintiff sought damages for fraud, stating that Defendant agreed to make future advances on a deed of trust, but at the time of the agreement did not intend to do so. For her first point, Plaintiff contends that the trial court erred as to Count I because she adequately stated a cause of action for fraud. Defendant Belgrade State Bank, counters that the allegations in Count I were insufficient in several particulars, including that the necessary elements were not specifically stated, as required by Rule 55.15. That rule states: