AMOCO PRODUCTION CO. v. SMITH

No. 08-96-00276-CV.

946 S.W.2d 162 (1997)

AMOCO PRODUCTION COMPANY, Appellant, v. Evelyn SMITH and Gary W. Harvey, Individually and as Independent Executor of the Estate of Herbert W. Smith, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 18, 1997.


Attorney(s) appearing for the Case

John A. `Jad' Davis, Holly Beth Williams, Turner & Davis, Midland, for Appellant.

James R. Caton, Seminole, for Appellees.

Before LARSEN, McCLURE and CHEW, JJ.


OPINION

LARSEN, Justice.

Amoco Production Company appeals the trial court's ruling that its suit for return of funds based on unjust enrichment and money had and received, pursuant to an implied or constructive contract, was limited by the two-year, rather than four-year, statute of limitations. Amoco also challenges the trial court's refusal to award attorney's fees. We reverse and remand in part.

FACTS

The parties stipulated...

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