§15-58.

§15-58.
   
   Actual fraud, within the meaning of this chapter, 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 believe
   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.