[Download] "Wilbur L. Ginther Et Al. v. Henry J.N. Taub" by Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Wilbur L. Ginther Et Al. v. Henry J.N. Taub
- Author : Supreme Court of Texas
- Release Date : January 11, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
CAMPBELL, Justice. This is a suit to impose a constructive trust on an oil and gas lease and to collect actual and exemplary damages. Wilbur Ginther and Howard Warren sued Henry Taub and William MacNaughton. They alleged as one ground of recovery the narrow constructive trust exception to the rule that land titles may not rest in parol. This rule applies when an abuse of an existing confidential relationship is established by "strict proof of a prior confidential relationship and unfair conduct or unjust enrichment on the part of the wrongdoer." Rankin v. Naftalis, 557 S.W.2d 940, 944 (Tex. 1977). On the jurys verdict, the trial court rendered judgment for plaintiffs. The court of appeals reversed and rendered judgment that plaintiffs take nothing against Taub, holding there was no evidence to support the jurys finding Taub was in a confidential relationship with Ginther and Warren. 631 S.W.2d 775. We reverse the judgment of the court of appeals, modify the judgment of the trial court, and as modified, affirm the trial courts judgment.