National Oil Co. v. Phillips Petroleum Co.

265 F. Supp. 320, 1966 U.S. Dist. LEXIS 7278

 

RULE:

Under Wisconsin law, the act of a person, who procures another to breach a contract, is malicious if the actor acts intentionally and knowingly for unworthy or selfish purposes.

FACTS:

The defendant retained plaintiff jodder for several years when the defendant hired a replacement. The Defendant suggested to one of the plaintiff's employees that he seek work with his replacement. The employee later left the Plaintiff to form his own business. The plaintiff sued the defendant for intentionally interfering with the contractual relations between the jobber and its purported employee. The defendant requested a directed verdict. 

ISSUE:

Did the defendant intentionally interfere with the contract between the plaintiff and the ex-employee?

ANSWER:

Yes.

CONCLUSION:

The court granted a directed verdict on the plaintiff's claim for intentional interference with a contract between the plaintiff and the plaintiff's employee. 

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