(Download) "Roy M. Huffington Et Al v. Haden J. Upchurch" by Fifth District, Dallas Court of Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Roy M. Huffington Et Al v. Haden J. Upchurch
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 21, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Haden J. Upchurch sued Roy Huffington, Inc. and Roy Huffington individually to impress a constructive trust upon the legal and beneficial interests in a partnership opportunity which Upchurch claimed was misappropriated for defendants exclusive benefit. Haden Upchurch, Roy Huffington, R. E. Warren, and Paul Scott were partners in an oil and gas investment firm. On the basis of the jurys answers to special issues and the evidence, the trial court rendered judgment impressing a trust in favor of Upchurch to the extent of 14.285% of the beneficial interest created or retained by defendants in a joint venture agreement for an Indonesian oil and gas venture. The court of civil appeals affirmed the judgment but modified it so that Upchurchs recovery was raised from 14.285% to 20%. The basis for the additional recovery was that Warren and Scott had, as a matter of law, abandoned their interests in the Indonesian venture and that Upchurch was also entitled to a pro rata share of their abandoned interests. A full statement of the facts is contained in the opinion of the court of civil appeals. 523 S.W.2d 44. We reverse that part of the judgment of the court of civil appeals which awarded Upchurch a part of the partnership interest of Warren and Scott, but we affirm the judgment of the court of civil appeals and that of the trial court which allowed Upchurch his own partnership interest in the Indonesian venture.
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