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MENDOZA v. COMSAT CORP.

No. 98-10838.

201 F.3d 626 (2000)

Jose MENDOZA; Marali Corp., Plaintiffs-Appellees-Cross-Appellants, v. COMSAT CORPORATION, formerly known as Communications Satellite Corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 2000.

Attorney(s) appearing for the Case

R. David Broiles (argued), J. Lyndell Kirkley, Steven James Gordon, Kirkley, Schmidt & Cotten, Fort Worth, TX, Nancy H. Burke, Lynn, Stodghill, Melsheimer & Tillotson, Dallas, TX, for Mendoza and Marali Corp.

David Patrick Long (argued), Kevin D. Green, Patton Boggs, Dallas, TX, for COMSAT Corp.

Before DAVIS, JONES, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge:

The principal issue in this appeal is whether a broker can recover an ex contractu commission on a procuring cause theory under the prevention doctrine in the absence of bad faith on the part of the seller. In this case, a written agreement between Jose Mendoza (Mendoza) and COMSAT Corporation (COMSAT) expressly conditioned Mendoza's right to a commission upon a sale being made either before or within ninety days after his termination. When...

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