Amoco Production Co. v. Smith

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 all relevant facts. Both Herbert W. Smith and Hiding W. Smith owned oil and gas interests and received royalty payments from Amoco. Both men were listed in Amoco’s records…