764. Distinction between materiality and inducement.

No misrepresentation, however gross or fraudulent, draws with it any civil consequences unless it was material and was intended to, and did, influence the mind of the representee1 so as to affect his conduct. Inducement in fact and materiality2 are distinct and separate matters, and in any form of proceedings for misrepresentation it is necessary to establish both3. A court may infer inducement from materiality