dissenting.
Today’s opinion represents yet another setback for small businesses across this state. Once again, the majority ignores a jury verdict in favor of a small business, substituting its own judgment for that of a jury of ordinary Texans; and once again, the more powerful interest prevails.1 I dissent.
This dispute arose from efforts by the Bank of El Paso to recapture funds from two notes previously written off as uncol-lectible: a $68,000 debt incurred by a boot-making company, T Bar S, and a $43,000 personal debt incurred by the company’s founder, T.O. Stanley. To cover those losses, the Bank enticed a group of investors to revitalize the bootmaking company, assuring them that it would provide a line of credit on the same terms as it had in the past. The Bank promised to provide up to $500,000 in credit; but its plan, as established at trial, was to loan the new company just enough money to get the business started. The Bank would then set the Corporation up with a loan supplied by the Small Business Administration and recoup the amounts loaned.
After the Corporation rejected the SBA loan as unacceptable, the Bank refused to honor its commitment unless the borrowers would collateralize dollar-for-dollar on all future loans. When the investors rejected this new condition, the Bank refused to advance any more money, and the corporation ultimately failed due to the lack of full capitalization.
*225After hearing all of the evidence, the jury determined that the Bank had defrauded the Corporation. This finding was supported, in part, by testimony from the Bank’s president, Clarke Harvey, denying that the Bank ever agreed to loan the Corporation $500,000. The finding was also supported by evidence showing the Bank’s motive for defrauding the Corporation: specifically, the Bank’s desire to recoup the $111,000 in loans that had previously been written off.
Under settled law, a denial that a promise was made is a factor showing a lack of any intent to perform the promise. Spoljaric v. Percival Tours, Inc., 708 S.W.2d 432, 435 (Tex.1986); Stone v. Williams, 358 S.W.2d 151, 155 (Tex.Civ.App.—Houston 1962, writ ref’d n.r.e.). Additionally, “ ‘slight circumstantial evidence’ of fraud, when coupled with a promise to perform, is sufficient to support a finding of fraudulent intent.” Spoljaric, 708 S.W.2d at 435. The issue of intent in fraud cases is, as a general matter, “uniquely within the realm of the trier of fact because it so depends upon the credibility of the witnesses and the weight to be given to their testimony.” Id. at 434.
After acknowledging Spoljaric and Stone, the majority proceeds to reject them both without explanation. Harvey’s testimony, the majority admits, is “a factor showing no intent to perform when the promise was made”; but for some reason, it “does not constitute evidence that the Bank never intended to perform its promise.” At 222. The majority does not bother to mention the evidence of motive, despite this court’s previous recognition that “[s]ince intent to defraud is not susceptible to direct proof, it invariably must be proven by circumstantial evidence.” Spoljaric, 708 S.W.2d at 435. Nor does the court show any hesitation in setting aside the jury’s finding of fraud, despite our prior unequivocal recognition that the issue of intent is a question for the jury.
I would uphold the jury’s finding of fraud. Additionally, because the Bank obtained the promissory notes through its fraudulence, I would uphold the trial court’s take-nothing judgment on the Bank’s affirmative claims. Thus, I would reverse the judgment of the court of appeals and render judgment against the Bank for $7,980,000, plus court costs and attorney’s fees, with the Bank taking nothing on its affirmative claims.
DOGGETT and GAMMAGE, JJ., join in this dissenting opinion.
. The majority continues an unfortunate trend. See, e.g., Westgate v. State, 843 S.W.2d 448, 458-59 (Tex.1992) (Mauzy, J., dissenting) (criticizing majority's embracement of governmental bureaucracies); id. at 459-63 (Doggett, J., dissenting) (small business precluded from proving that condemnation undertaken in bad faith); Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 86 (Tex.1992) (Doggett, J., concurring and dissenting, joined by Mauzy, J.) (majority denied recovery of lost profits to a family business); Caller-Times Publishing Co. v. Triad Communications, Inc., 826 S.W.2d 576, 589 (Tex.1992) (Doggett, J., dissenting, joined by Mauzy, J.) (majority overturned recovery by a small company put out of business by the anticompet-itive practices of a monopoly); Federal Land Bank v. Sloane, 825 S.W.2d 439, 443 (Tex.1991) (Mauzy, J., dissenting) (majority denied recovery of lost profits to a family business); Crim Truck & Tractor Co. v. Navistar Int'l Transp. Corp., 823 S.W.2d 591, 597 (Tex.1992) (Mauzy, J., dissenting, joined by Doggett and Gammage, JJ.) (majority overturned local dealer's recovery for abuse by a franchisor).