FORTUNE PRODUCTION CO. v. CONOCO, INC., 52 S.W.3d 671 (Tex. 2000)
FORTUNE PRODUCTION CO., Tucker Drilling Co., Inc., Curtis Hankamer
and John L. Cox, Petitioners v. CONOCO, INC., Respondent.
Supreme Court of Texas.
Argued on February 9, 2000.
Opinion Delivered: November 30, 2000.
On Petitions for Review from the Court of Appeals for the First
District of Texas.
THIS PAGE CONTAINED HEADNOTES AND
ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY
William J. Joseph, Jr., Candace Beth Kais Eindorf, Gallagher Young
F. Eric Fryar, Etta Davidson Fryar, Fryar, Fryar, Randall W. Wilson,
Justice Owen delivered the opinion of the Court, in which Chief Justice
Phillips, Justice Hecht, Justice Baker, Justice Abbott, Justice
Hankinson, Justice O'Neill and Justice Gonzales joined, and in Parts I,
II, III and V of which Justice Enoch joined. Justice Enoch filed an
opinion concurring in part and dissenting in part.
This is a dispute between natural gas producers and their purchaser.
The producers contend, and a jury found, that (1) their contracts> were
induced by the purchaser's fraud regarding the resale price it would
receive for residue gas, and (2) the purchaser was unjustly enriched by