Fraud is an affirmative defense under rule 94 of the Texas Rules of Civil Procedure. Tex. R. Civ. P. 94. Unless established as a matter of law, the burden is on the party asserting fraud not only to plead the defense, but also to establish the necessary elements. Oil Well Division, United States Steel Corp. v. Fryer, 493 S.W.2d 487, 490 (Tex. 1973). To constitute actionable fraud, it must appear that 1) a material representation was made; 2) the representation was false; 3) when made, the speaker knew it was false or made it recklessly without any knowledge of its truth and stated it as a positive assertion; 4) the speaker made it with the intention that it should be acted upon by the party; 5) the party acted in reliance upon it; and 6) the party thereby suffered injury. Each of these elements must be established. The absence of any one element will prevent a recovery. See Oil Well, 493 S.W.2d at 491. Fraud is never presumed. It is the court’s duty to presume a want of fraud rather than the existence of fraud in a transaction. See Hazel v. McDonald, 449 S.W.2d 343, 346 (Tex. App.–Dallas 1969, no writ).