CONSOLIDATED GAS & EQUIPMENT CO. v. THOMPSON

No. A-11235.

405 S.W.2d 333 (1966)

CONSOLIDATED GAS & EQUIPMENT COMPANY OF AMERICA, Petitioner, v. H. M. THOMPSON et al., Respondents.

Supreme Court of Texas.

July 20, 1966.


Attorney(s) appearing for the Case

Clayton, Kolander, Moser & Templeton, Amarillo, for petitioner.

Hugh L. Umphres, Jr., Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, Frank Dove, Panhandle, for respondents.


GREENHILL, Justice.

This is an action in which H. M. Thompson, D. A. Griffith, and C. A. Griffith seek to impose a constructive trust upon an oil and gas lease in order to obtain their asserted rights in a 1/16th overriding interest in 7/8ths of the oil and gas produced from the land covered by the lease. The alleged agreement for the royalty interest was oral; and, assuming its existence, the defense was that the agreement was unenforceable because of the Statute...

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