Continental Oil Co. v. Berry

This is an action by Continental Oil Company against defendants Berry and Hayes, individually and as trustees of General Trust Estate, an express trust, to recover payments made through mistake by plaintiff to defendants as trustees. The trial court rendered judgment for plaintiff against defendants as trustees, but not as individuals, and plaintiff appeals from that part of the judgment holding defendants not personally liable.

The facts giving rise to the controversy are that in 1931 Mid-Texas Petroleum Company, a corporation owned solely by defendants and members of their families,…