¶1concurring.
¶2I write separately because of my concern that Part IV of the majority opinion, which reinstates plaintiffs fraud claim, not be construed as holding that a plaintiff may attempt to advance a claim based upon an unenforceable contract, see § 15-11-701, C.R.S. (1987 Repl.Vol. 6B), under the guise of a fraud claim and recover damages equal to the promised contract consideration. In my view, plaintiff may recover only those damages, to the extent proven, that are a direct result of his reliance on the alleged fraud.
¶3I concur in the judgment because the case was bifurcated and plaintiffs evidence was limited to liability only. Since no evidence of damages was presented, I agree that plaintiff is entitled to an opportunity to prove that his claim for fraud and damages arising therefrom is not merely a reassertion of his failed claim for breach of contract.