The five elements of a fraud claim are well settled. See e.g. Longino v. Bank of Ellijay, 228 Ga. App. 37, 39 (1) ( 491 S.E.2d 81); Simpson Consulting. v. Barclays Bank PLC, 227 Ga. App. 648, 650 (1) ( 490 S.E.2d 184); and Allen v. Hub Cap Heaven, 225 Ga. App. 533, 540 (7) ( 484 S.E.2d 259). Furthermore, defendant's reliance upon Talley v. Mathis, 212 Ga. App. 330 ( 441 S.E.2d 854) (rev'd on grounds other than those for which it was cited by defendant, 265 Ga. 179 ( 453 S.E.2d 704)), is misplaced since it is merely another case involving an attempt to enforce an underlying illegal agreement, albeit in reversing, the Supreme Court determined that the agreement was not actually illegal. Next, we reach the question of whether the evidentiary effect of plaintiff's alternative pleadings bar her pursuit of a fraud claim on the grounds that the signature was forged.

DECIDED FEBRUARY 20, 1995. RECONSIDERATION DENIED MARCH 17, 1995. Certiorari to the Court of Appeals of Georgia — 212 Ga. App. 330. Davis, Gregory Christy, Hardy Gregory, Jr., Jones, Byington, Durham Payne, Frank H. Jones, for appellant.

ANDREWS, Judge. The Supreme Court having reversed the judgment of this court in Talley v. Mathis, 212 Ga. App. 330 ( 441 S.E.2d 854) (1994), that judgment is hereby vacated and the judgment of the Supreme Court is made the judgment of this court. Judgment reversed. Birdsong, P. J., and Pope, P. J., concur.