FRIENDSWOOD DEVELOPMENT COMPANY, PETITIONER v. MCDADE + COMPANY, RESPONDENT, 926 S.W.2d 280

Summary

Respondent broker and a lessee entered into a brokerage contract for rental of office space that included a specific exception for petitioner lessor. When petitioner leased space to the lessee, respondent brought a suit against petitioner for tortious interference with the contract and brought suit against the lessee for breach of contract. The lower court affirmed summary judgment for lessee but reversed summary judgment for petitioner. Both petitioner and respondent sought review. The court affirmed summary judgment for petitioner because the contract was neither patently nor latently ambiguous and expressly excluded petitioner from its terms, thereby allowing petitioner to lease any space to lessee. The court reversed summary judgment for respondent against the lessee because the contract unambiguously allowed the lessee to contract with petitioner, and the lessee had conclusively proved that it did not breach the contract or breach any tort duties simply by proceeding in accordance...