From what has been shown, we may state the rule as to misrepresentations in this way: Whenever the validity of a contract is called in question, or the liabilities of the parties are said to be affected, by reason of representations made before or at the time of entering into the contract, the effect of the representation will depend on the answers to the following questions: (1) Were the statements in question a part of the terms of the contract? (2) If not, were they made fraudulently? (3) If neither of these, was the contract one of that class of contracts called "contracts uber-rimae fidei," in which one of the parties had to rely peculiarlyon the other for his knowledge of material facts, and the other was bound to the most perfect good faith? If all of these questions are answered in the negative, the representation has no effect at all.60