Lucht's Concrete Pumping, Inc. v. Horner

Tracy Horner (defendant), an at-will division manager for Lucht's Concrete Pumping, Inc. (Lucht's) (plaintiff) since 2001, signed a non-compete agreement in 2003 barring him from soliciting Lucht's customers or employees for 12 months after leaving; in 2004, Horner resigned to join competitor Everist Materials, LLC, which shared many customers with Lucht's, prompting Lucht's to sue for breach of the non-compete. Horner moved for summary judgment arguing the agreement lacked consideration since he was already employed when he signed it; the trial court granted summary judgment for Horner, the court of appeals affirmed, and Lucht's appealed.