S. & M. Oil Co. v. Mosley

Ed. F. McFaddin, Associate Justice.

This suit was brought by appellee, Jack Mosley,1 to have appellant, S. & M. Oil Company, declared a constructive trustee of a lot, and filling station thereon, in the City of Eudora, and to obtain performance of the constructive trust by the execution and delivery of a deed to appellee. The Chancery Court awarded the relief prayed, and this appeal resulted.

The background facts are largely undisputed. In the fall of 1951, Jack Mosley and W. R. Smith (acting for himself and other members of the Smith family) organized a corporation named “S. & M. Oil Company.”…