Randy Curtis worked for St. Onge Livestock Company as a field man, soliciting customers to sell livestock through St. Onge. In time, he worked his way up to manager of the company. Twice he discussed incentive pay plans with the company’s owner. The idea behind the incentive pay plans was to enable Curtis to eventually buy the business. An agreement was worked out, including a noncompete provision, under which Curtis received some

$20,000 in incentive pay over the next four years.

Then, along came the owner of a rival sale-barn, who approached Curtis about managing the competing operation. Curtis advised the rival of his noncompete agreement, and the rival’s attorney opined that the noncompete was valid and enforceable. All the same, Curtis and the rival decided that Curtis would

“jump ship” and manage the rival firm. Once Curtis switched employers, twenty-three customers did likewise. St. Onge not only sued Curtis for breach of contract but also sued the rival for tortious interference with Curtis’s St. Onge contract.

Is the rival company guilty of tortious interference with contract? If so, is there any excuse for its tortious conduct? If not, what remedy or remedies should the court accord St. Onge against the rival firm? See St. Onge Livestock Co., Ltd. v. Curtis [2002 WL 1870449 (S.D. Supreme Ct. 2002)].