Marketing West, Inc. v. Sanyo Fisher (USA) Corp.

appeal from a judgment entered in defendant’s favor following the granting of defendant’s summary judgment motion on the basis that plaintiffs could not reasonably rely on defendant’s alleged representations or alleged concealed facts which were contradicted by an unambiguous “without cause” termination provision in their employment agreements with defendant. Plaintiffs contend that their evidence of defendant’s fraudulent concealment is not barred by the parol evidence rule and their contract claim is not barred by the statute of limitations. We reverse because defendant’s summary judgment motion did not address the alternative theory of fraudulent concealment.

Factual and Procedural Synopsis

A. The Written Agreements

Each of the six appellants is a corporation and a former independent sales representative for respondent’s Home Appliance Division.

In 1987, appellants signed written agreements (1987 Agreements or New Jersey Agreements) which provided for termination without cause and were fully integrated.

By letter dated May 25, 1988, respondent sent appellants revised sales representative agreements (1988 Agreements) and requested that appellants sign and return…