If the contract entered into is unenforceable in any event, as where it is illegal,1 neither party can complain because he was induced to enter into it by fraud. So fraudulently inducing a conveyance of an entire tract by one occupying only a small part thereof gives no right of action in equity to the real owner of such tract to have such deed cancelled as it has no effect on his rights.2 So an oral promise, though made without the intention of performing, if made prior to the execution of an inconsistent written contract on the same subject, can not be enforced because of the parol evidence rule,3 and is not fraud.4

6 Potter v. Lumber Co., 105 Wis. 25, 80 N. W. 88, 81 N. W. 118.

7 Simmang v. Harris (Tex. Civ. App.), 27 S. W. 786.

8 Hetzler v. Morrell, 82 la. 562, 48 N. W. 938 (the other parties to the contract can not recover damages from the party causing such renunciation).

9 Bank of Commerce v. Broyles, 16 N. M. 414, 120 Ac. 670.

10 Carrington v. Life Association, 59 Neb. 116, 80 N. W. 491.

11 McClure v. Campbell, 148 Mo. 96, 49 S. W. 881.

12 McClure v. Campbell, 148 Mo. 96, 49 S. W. 881.

1 Graham v. Marks, 98 Ga. 67, 25 S. E. 931.