Gunsmoke2 - GS2
08-24-2009, 04:35 PM
Infinity systems has filed a lawsuit against Nfusion Inc. alleging breach of contract regarding a distribution agreement. I think what's interesting in this amended complaint is this allegation and how it plays out in court.
17. Infinity hereby realleges and incorporates the above allegations as though fully set
forth herein.
18. Prior to execution of the Agreement, Cho and other representatives of Mamertime
traveled to Green Bay, WI to discuss the sale of Units with Infinity representatives.
19. While in Green Bay, WI, Cho demonstrated the operation of the Units to Infinity
representatives in front of multiple witnesses.
20. At the time he provided such demonstration, Cho represented to Infinity
representatives that the Units were “legal” in part because the Units contained an Ethernet port.
21. Upon information and belief, such Units are not legal for sale in the United States.
22. Cho knew or reasonably should have known that the Units were not legal for sale
in the United States at the time he demonstrated the Units to Infinity representatives in Green
Bay, WI.
23. Infinity relied to its detriment upon Cho’s representation that the Units were
“legal” in deciding to execute the Agreement with Mamertime and forward Mamertime
$600,000.00.
Nfusion has filed a counterclaim.
GS2
17. Infinity hereby realleges and incorporates the above allegations as though fully set
forth herein.
18. Prior to execution of the Agreement, Cho and other representatives of Mamertime
traveled to Green Bay, WI to discuss the sale of Units with Infinity representatives.
19. While in Green Bay, WI, Cho demonstrated the operation of the Units to Infinity
representatives in front of multiple witnesses.
20. At the time he provided such demonstration, Cho represented to Infinity
representatives that the Units were “legal” in part because the Units contained an Ethernet port.
21. Upon information and belief, such Units are not legal for sale in the United States.
22. Cho knew or reasonably should have known that the Units were not legal for sale
in the United States at the time he demonstrated the Units to Infinity representatives in Green
Bay, WI.
23. Infinity relied to its detriment upon Cho’s representation that the Units were
“legal” in deciding to execute the Agreement with Mamertime and forward Mamertime
$600,000.00.
Nfusion has filed a counterclaim.
GS2