Myrex Industries, Inc. v. Ortolon

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Myrex Industries, Inc., appeals a judgment in favor of appellee, David Ortolon, on his quantum meruit claim to recover commissions allegedly earned while employed by Myrex. Myrex contends that Ortolon (1) is precluded from presenting a quantum meruit claim; (2) failed to prove all elements of his claim; (3) used an incorrect measure of damages; and (4) the damages awarded are excessive. We reverse and render.

I. BACKGROUND

Myrex is a steel fabricator for various industries. Myrex hired Ortolon as an estimator in November 1998. Ortolon’s duties…