This section contains the nature of the case and procedural background.

David was the son of Joseph and the nephew of Ted. Joseph and Ted were brothers. David worked for the family firm Ace Wire and Burlap, Inc. in the summers during high school. Upon graduation from college, David began working full time. David worked in warehousing but soon began to call on accounts and do sales. David was aware that Joseph and Ted had strained relations. David built the business from $500,000 in sales to over $1,000,000. As David’s success grew, Ted and Joseph’s relations deteriorated. Ted attempted to fire David on a number of occasions and even employed an attorney to that end. Eventually, Ted would verbally abuse David in front of other employees. Nonetheless, David was worried about his future prospects. David contacted his suppliers to see if they would finance him in his own business. Yates, one of the suppliers, agreed to a $50,000 loan. David started New England Baling Wire. David, resigned without notice, and immediately hired Ace’s bookkeeper and truck driver. David began to steal away Ace’s customers. Ted contends that the actions of David were wrongful in that they began when he was an Ace employee and with the wrongful apprehension of confidential customer lists and prices alleged to have been obtained with Joseph’s connivance.

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