From Casetext: Smarter Legal Research

Thornton v. Bean Contracting Company Inc

United States Court of Appeals, Fifth Circuit
Jun 15, 1979
597 F.2d 62 (5th Cir. 1979)

Summary

applying Texas law and stating that "[i]n the absence of contractual terms providing otherwise, a broker earns his commission by procuring from the purchaser a valid, enforceable contract of sale" even if the parties do not complete the sale

Summary of this case from Meisler v. Smith

Opinion

No. 76-3522.

June 15, 1979.

Grant Cook, James R. Leahy, Houston, Tex., for defendant-appellant, cross-appellee.

William L. Burnett, Houston, Tex., for plaintiff-appellee, cross-appellant.

Appeals from the United States District Court for the Southern District of Texas.

Before GEE and VANCE, Circuit Judges, and HUNTER, District Judge.

District Judge, Western District of Louisiana, sitting by designation.


ON PETITION FOR REHEARING


On petition for rehearing, petitioners have urged the Court to receive and consider newly discovered evidence which they describe as:

"copies of Amended Complaint of Dragados, S.A. against Cal-Surance, Third-Party Complaint of Cal-Surance against Seller, and Counterclaim of Seller against Dragados S.A., in C.A. No. 77-4081, styled Dragados, S.A. vs. Cal-Surance Overseas Agency, Inc., et al., in the United States District Court for the Central District of California."

This evidence was not in existence when the case was tried and was not discovered by plaintiff-appellee or his attorney until April 20,. 1979. Movant's request that this new evidence be received, filed and considered in connection with his petition for Panel Rehearing is granted.

This statement on page 1289 of this Court's opinion of April 11, 1979, 592 F.2d 1287, is to the effect that Dragados "released its claim to the insurance proceeds" is withdrawn in light of the litigation in California.

IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby DENIED.


Summaries of

Thornton v. Bean Contracting Company Inc

United States Court of Appeals, Fifth Circuit
Jun 15, 1979
597 F.2d 62 (5th Cir. 1979)

applying Texas law and stating that "[i]n the absence of contractual terms providing otherwise, a broker earns his commission by procuring from the purchaser a valid, enforceable contract of sale" even if the parties do not complete the sale

Summary of this case from Meisler v. Smith
Case details for

Thornton v. Bean Contracting Company Inc

Case Details

Full title:E. H. THORNTON, JR., PLAINTIFF-APPELLEE, CROSS-APPELLANT, v. BEAN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 15, 1979

Citations

597 F.2d 62 (5th Cir. 1979)

Citing Cases

Reel Pipe, LLC v. USAComserv, Inc.

"The determination of whether a maritime contract is ambiguous is a question of law for the Court." Lytal…

N.L.R.B. v. L. B. Priester Son, Inc.

Likewise, it is well established in diversity cases that where the district court hears extrinsic evidence of…