Consolidated Gas & Equipment Co. of America v. Thompson

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 ½6⅛ overriding interest in %ths 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 of Frauds 1 and the Texas Trust Act. 2

Trial was tó a jury which answered the issues, set out below, in favor of the plaintiffs. The…