United States Fifth Circuit

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Cedyco Corp. v. Petroquest Energy LLC, 05-20493, 05-20891

In a suit arising from a sale by auction of oil wells raising claims of breach of contract, specific performance, and conversion against a company engaged in oil and gas exploration and production, a judgment and award for plaintiff-buyer is reversed where: 1) the contract contained a condition precedent that Exxon consent to the assignment; 2) Exxon never "consented" to such assignment; and 3) thus, defendant's obligation to perform under the contract pursuant to a completed auction never came due.

Appellate Information

  • Decided 08/17/2007
  • Published 08/20/2007

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before GARWOOD, BARKSDALE and GARZA, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Martin Louis Morgan (argued), Pajares & Schexnaydre, Covington, LA, Glendon B. Adams, Stafford, TX, for Cedyco Corp., David Wallace Holman (argued), The Holman Law Firm PC, Houston, TX, for PetroQuest Energy, LLC.

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