A deceit within the meaning of section 9-10-03 is:

1.    The suggestion as a fact of that which is not true by one who does not believe it to be true; 2.    The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true; 3.    The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or

4.    A promise made without any intention of performing.