A statement of intention is not a representation as to the matter said to be intended, because that belongs to the future and is not a matter of present or past fact1. On the other hand, a statement of intention involves a representation as to the existence of the intention which is itself a present fact2. However, the difficulty of proving the non-existence of the intention diminishes the value of such representations3. The mere circumstance that the expressed intention is not fulfilled does not by itself establish the non-existence of the intention at the time when it was expressed
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