Paul S. Meisler v. Jacqueline A. Smith and Clarence E. Smith

ROBERT MADDEN HILL, Circuit Judge:

This diversity appeal presents the question of whether, under Texas law, Paul S. Meisler, a real estate broker, is entitled to receive a real estate commission from Jacqueline A. and Clarence E. Smith (the Smiths) even though the property they engaged Meisler to sell was never sold. The district court concluded after a jury trial that Meisler had procured ready, willing and able purchasers for the property and therefore was entitled to receive his commission. We hold that the “free look” provisions in each of the contracts between the Smiths and the…