Dobson v. Whitker, 242 Mich. 308, 218 N.W. 770, 772. See also Hilliker v. Jewell Oil Gas Co., 277 Mich. 96, 268 N.W. 825. "The mere making of a promise which the promisor fails to keep does not constitute actionable fraud." International Harvester Co. v. Merry, 60 Mont. 498, 199 P. 704, 706.
We have repeatedly said that fraud will not be presumed and cannot be lightly inferred, but must be established by a preponderance of evidence. Mesh v. Citrin, 299 Mich. 527; Goldberg v. Goldberg, 295 Mich. 380; Hilliker v. Jewel Oil Gas Co., 277 Mich. 96; Allison v. Ward, 63 Mich. 128. In considering the question of fraud we must determine whether or not the relationship of attorney and client existed between defendant Harry Pell and plaintiffs.
The burden of proving it is upon plaintiff." Hilliker v. Jewel Oil Gas Co., 277 Mich. 96, 102. "Fraud cannot be presumed, but must be established by a preponderance of evidence; and where two witnesses affirm, and two others, no more interested in the subject matter, and for all that appears fully as creditable, deny, the fraud, it is not proved."