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Exxon Corporation v. Breezevale Limited

The relevant issue in determining whether the contract involves real estate is not whether title to the minerals passes, but whether the interest is derived from rights to oil and gas in the ground, making the interest a realty interest subject to the statute of frauds.

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AFFIRM IN PART, REVERSED & RENDERED IN PART

OPINION

Exxon Corporation (Exxon) appeals the trial court’s judgment following a jury verdict awarding Breezevale Limited (Breezevale) $34.3 million as damages for breach of an oral contract, $1 million for breach of a contract implied in law, and $3.495 million in attorneys’ fees. In its first three issues, Exxon asserts (1) the evidence is legally and factually insufficient to support a finding that the parties reached an enforceable oral agreement, (2) the claimed agreement is not enforceable under the statute of frauds, and (3) the trial court incorrectly instructed the jury regarding the doctrine of promissory estoppel. In its final five issues, Exxon complains about the lost profits award, the attorneys’ fees award, some of the trial court’s evidentiary rulings, and the judgment being contrary to public policy.

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