Barnett v. Matz

O’QUINN, Justice.

This appeal is from a summary judgment in which the district court decreed that appellant, who was plaintiff below, take nothing in a suit for damages and, alternatively, to enforce a constructive trust on 6.10 acres of land. Appellant’s lawsuit was grounded on his claim that appellee had breached a fiduciary relationship between them and deprived appellant of an interest in the land and improvements which appellee acquired with a third party.

The trial court found that based on the entire record there was no genuine issue as to any material fact between the parties and that…