correct? A. I don’t recall. I don’t recall on that. Q. Was there a discussion before Dr. Guevara invested regarding what percentage of profit would be made on the merchandise? A. I don’t remember. I don’t remember. Predictions and opinions regarding the future profitability of a business generally cannot form a basis for a claim of fraud. Trenholm v. Ratcliff, 646 S.W.2d 927, 930 (Tex.1983); Maness v. Reese, 489 S.W.2d 660, 663 (Tex.Civ.App.-Beaumont 1972, writ ref d n.r.e.); see Nat’l Newspaper Enters., Inc. v. Chitwood, 68 S.W.2d 264, 267 (Tex.Civ.App.-Dallas 1934, writ dism’d) (stating that a statement of belief as to the future earnings of a business based more or less on guesswork cannot be the basis of fraud); see also Zar v. Omni Indus., Inc., 813 F.2d 689, 693 (5th Cir.1987) (<HOLDING>); Transp. Ins. Co. v. Faircloth, 898 S.W.2d
holding as an investment for future development holding that defendants failure to anticipate future events did not constitute securities fraud holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud holding that expressions of belief or opinion regarding the future of plaintiffs and defendants respective businesses and promissory statements of future intent do not violate the udtpa holding that mere statements of opinion or prediction such as future profits or how well a business will do in a particular market may not be a basis for a fraud or misrepresentation action because predictions are not past or present material facts