Mims v. Beall

OPINION

GRANT, Justice.

John, Chattie and Angus Mims appeal from a judgment in favor of Webber W. Beall, Sr., Ethell Beall Gilbert, Annie Dee Beall Hensley, Carla Ann Beall Darter, and Elizabeth Watkins Beall, based upon jury findings that the Mimses breached their duty of utmost good faith and fair dealing owed by them as holders of executive rights to non-participating royalty owners in an oil and gas transaction. The trial court awarded actual and exemplary damages and imposed a constructive trust on an overriding royalty obtained by the lessor through assignment of the lease.

In 1947, the…