Misrepresentation of a material fact, made willfully to deceive or recklessly without knowledge and acted on by the opposite party or 338 23-2-52 made innocently and mistakenly and acted on by the opposite party, constitutes legal fraud. History. — Orig. Code 1863, § 3105; Code 1868, § 3117; Code 1873, § 3174; Code 1882, § 3174; Civil Code 1895, § 4026; Civil Code 1910, § 4623; Code 1933, § 37-703.