Marcus v. Textron, Inc.

Defendant moves for judgment on the pleadings as to the first cause of action which sounds in prima facie tort. The specific claim is that plaintiff had a contract with defendant to act as the latter’s sales agent and that defendant breached the contract, terminating the agency for the sole purpose of doing plaintiff harm. The complaint is attacked on two grounds, first, that there is no allegation of special *530damage and, second, that the allegations of malevolent purpose are mere conclusions. These two grounds really merge into one. The region of prima facie tort is largely unchartered ; at…