Actual fraud, within the meaning of this Chapter, consists in any of the following acts, committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract:
1.The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
2.The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
3.The suppression of that which is true, by one having knowledge or belief of the fact;
4.A promise made without any intention of performing it; or,
5.Any other act fitted to deceive.