Placer Energy Corp. v. E & S Oil Co.

OPINION

HOPKINS, Justice.

This appeal is brought from the granting of a summary judgment in favor of the defendant, in an action to impose a constructive trust on a leasehold interest in a mineral estate or, alternatively, for damages. Rendering of summary judgment was based on an application of the Statute of Frauds, TEX.PROP.CODE ANN. sec. 5.021 (Vernon 1984).

We affirm in part and reverse and remand in part.

The summary judgment proof establishes that appellant, Placer Energy Corporation, acquired an oil and gas lease in Clay County on March 17, 1980 with a primary term of three years. Two…