United States Fifth Circuit

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.