In Re Acm-Tex., Inc.
This case originated from an adversary proceeding in bankruptcy court, involving a dispute between Texas Architectural Aggregate, Inc. (TAA) and ACM-Texas, LLC and Applied Chemical Magnesias Corp. (ACM). The core of the dispute revolved around a 1999 'Letter Agreement' for mining and processing brucitic marble on TAA's property. TAA sought relief for lack of contract, fraud, unjust enrichment, conversion, and trespass. ACM filed counterclaims for breach of contract, fraudulent inducement, and promissory estoppel, among others. The United States Bankruptcy Court for the Western District of Texas, Midland Division, found the Letter Agreement to be unenforceable due to a lack of essential terms and failure to satisfy the statute of frauds. The court denied TAA's claims for fraud, accounting, tortious interference, and negligence. However, TAA's claim for unjust enrichment was granted, awarding TAA $7,125,073.08 for minerals unlawfully mined and sold by ACM. TAA's conversion and trespass claims were also granted, but the damages were subsumed into the unjust enrichment award. Conversely, while most of ACM's counterclaims were denied, its claim for promissory estoppel was granted, awarding ACM $75,000 for its detrimental reliance on TAA's promises to construct a mill.