within 60 to 90 days.” While disagreeing that he informed Dr. Guevara that they would make a 20 percent profit, Robert testified that he thought he told Dr. Guevara that the profit margin would be between 12 and 15 percent. Robert also testified that, before Dr. Guevara invested money in the company, he told Dr. Guevara that payment was going to be made within 60 to 90 days “[b]ecause those are the payment terms of [Soriana].” Dr. Guevara also cited the following testimony provided by Mark at his deposition: Q. Your brother testified yesterday that he told Dr. Guevara that payment would be made within 60 to 90 days on the Pem-America products. Do you remember that? A. That sounds familiar, yes. Q. Okay. And that representation was made before Dr. Guevara invested any mo 276 (Tex.1995) (<HOLDING>). This is so because fraud generally involves
recognizing that an expression of opinion about monetary value is not a representation of fact which gives rise to an action for fraud recognizing that an advisory opinion is one that offers an opinion on a moot issue recognizing that a common illustration of an admissible opinion under rule 701 is an expression of opinion by a lay observer of a cars speed holding that a representation which is merely a statement of intent to perform under the contract cannot constitute fraud holding that repudiation alone gives rise to a claim for damages for total breach