# Gaines v. Hamman

> Texas Supreme Court · June 13, 1962 · 163 Tex. 618

URL: https://www.frixlaw.com/law-library/cases/9765536

## Case

- **Full name:** Leon Gaines, Petitioner v. Blake Hamman, Respondent
- **Court:** Texas Supreme Court
- **Decided:** June 13, 1962
- **Citations:** 163 Tex. 618; 5 Tex. Sup. Ct. J. 424; 358 S.W.2d 557; 17 Oil & Gas Rep. 52; 1962 Tex. LEXIS 764
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Griffin, Norvell, Smith, Walker
- **Cited by:** 309 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9765536

## How later opinions describe it (automated extraction)

- concluding there was a fact issue whether a confidential relationship existed and a constructive trust should be imposed when one party to a series of agreements to acquire oil and gas interests used information from those earlier agreements to obtain an interest for himself
- holding that summary judgment motion under Rule 166a(c

## Opinion text

ASSOCIATE JUSTICE SMITH,
concurring.
*627 I concur in the result reached by the majority only because, in my opinion, there is evidence of probative force other than the evidence which has been rendered ineffective by the Texas Trust Act, Article 7425b, which raises a genuine issue of fact as to whether a fiduciary relationship, a relation of trust and confidence, existed between Gaines and Hamman. The facts in this case meet the test contained in my dissent in Omohundro v. Matthews, 161 Texas 367 , 341 S.W. 2d 401 . Therefore, the case should have been determined by the trier of the facts and the trial court erred in granting Hamman’s motion for summary judgment.
Opinion delivered June 13, 1962.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9765536. Public record. Not legal advice.