Whether a promise is to be treated, in case of breach, as fraud or not, when material,1 if a promise concerns a matter which is not material, failure to perform such promise is not fraud.2 A misstatement by the buyer as to the use which he intends to make of the land which he purchases does not amount to fraud if such use is not shown to be a matter of importance to the vendor.3 A promise of future employment which the promisor does not intend to keep is not fraud if the promisee knows that such promise has no relation to the release of a claim for personal injuries which is made at the same time.4