Jaco Electronics

The defendant entered into a non-exclusive distribution agreement in which Reptron Electronics was to distribute some of the defendants products. The agreement provided that the defendant could change or abandon products at its sole discretion and that the defendant reserved the right to market products directly or through other channels within the territory. The plaintiff subsequently entered into an asset-purchase agreement with Reptron pursuant to which it succeeded to Reptrons rights as a distributor of the defendants products. Prior to entering into that contract, the plaintiff alleges that it had a meeting with representatives of the defendant who assured the plaintiff that the defendant would continue to use the plaintiff as a distributor in the same capacity as Reptron. The plaintiff alleges that, based upon these representations, it consummated the deal with Reptron and agreed to pay the defendant almost $200,000.00 in receivables owed by Reptron. The plaintiff further alleges that, shortly after the purchase of Reptron was closed, the defendant canceled the plaintiffs rights as a distributor for certain products. The plaintiff then commenced this action for, inter alia, fraud, prima facie tort and injurious falsehood. The defendant now moves to dismiss the complaint.