PLACER ENERGY CORP. v. E & S OIL CO., INC.

No. 2-84-272-CV.

692 S.W.2d 197 (1985)

PLACER ENERGY CORPORATION, Appellant, v. E & S OIL COMPANY, INC., a Partnership; Simon Schmidt & Everett Oil & Gas, a Partnership; Triangle Energy Co., a Partnership; George Schmidt, Vincent Simon and Clifton Everett, Appellees.

Court of Appeals of Texas, Fort Worth.

June 19, 1985.


Attorney(s) appearing for the Case

Vernon, McKinley, Lybrand & Dubner, P.C., and Michael D. McKinley, Dallas, for appellant.

Mitchell & Wigginton and Ken Wigginton, Henrietta, for appellees.

Buzzard Law Firm, P.C., and Mark N. Buzzard, Pampa, for appellee Everett.

Before FENDER, C.J., and ASHWORTH and HOPKINS, JJ.


OPINION

HOPKINS, Justice.

This appeal is brought from the granting of a summary judgment in favor of the defendant, in an action to impose a constructive trust on a leasehold interest in a mineral estate or, alternatively, for damages. Rendering of summary judgment was based on an application of the Statute of Frauds, TEX.PROP.CODE ANN. sec. 5.021 (Vernon 1984).

We affirm in part and reverse and remand in part.

The summary judgment proof...

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