To the rule that actionable fraud does not arise from a mere failure to perform a promise, "there exists an exception for promises as to future events made with the present intention not to perform," ( Hill v. Delta Air Lines, Inc., 143 Ga. App. 103, 105 ( 237 S.E.2d 597). Accord, Donnelly Co. v. Milligan, 37 Ga. App. 530, 531 ( 140 S.E. 918); Mills v. Lewis Wood Preserving Co., 93 Ga. App. 398, 402 ( 91 S.E.2d 785)) or where "the defendant knows the future event will not take place." Hayes v. Hallmark Apts., 232 Ga. 307, 308 ( 207 S.E.2d 197).
Representations as to future events ordinarily will not form the basis for an action for fraud and deceit unless at the time the representation is made the person making such representation knows the event will not take place. Floyd v. Morgan, 62 Ga. App. 711 ( 9 S.E.2d 717); Hill v. Stewart, 93 Ga. App. 792, 796 ( 92 S.E.2d 829); Mills v. Lewis Wood Preserving Co., 93 Ga. App. 398, 402 ( 91 S.E.2d 785). Reasonably construed, the petition does not set forth a cause of action for fraud and deceit, since the representation was as to future events which he had no way of knowing would not come about.