Hydrocarbon Horizons, Inc. v. Pecos Development Corp.

OPINION

KENNEDY, Justice.

Appeal is taken by Hydrocarbon Horizons, Inc. (“Hydrocarbon”) from the trial court’s granting of a summary judgment in favor of Pecos Development Corporation and Joe Matkin (“Pecos”). We reverse the summary judgment.

Hydrocarbon sued Pecos asserting two theories of liability, breach of contract and constructive trust. Pecos was granted summary judgment on the sole ground of Hydrocarbon’s non-compliance with the statute of frauds as set out in Tex.Bus. & Comm.Code Ann. § 26.01 (Vernon 1987).

The underlying facts, in the light most favorable to Hydrocarbon, the non-movant,…