In the 1939 case Fly et al. v. Heitmeyer, a dispute arose over an oil and gas lease on land in Texas. The plaintiffs, Fly and others, claimed that they had entered into a valid lease with the defendant, Heitmeyer; however, he refused to acknowledge its validity or allow them access to drill for oil and gas on his property. They sought an injunction against him from interfering with their rights under the alleged lease agreement. The Supreme Court of Texas initially ruled in favor of Heitmeyer but upon appeal by Fly et al., it was reversed by the U.S Supreme Court which held that there was indeed a valid contract between both parties as per evidence presented including correspondence between them indicating mutual assent to terms of leasing agreement. The court also noted that while formalities such as signing were not observed due to circumstances at time (Heitmeyer being out-of-town), this did not negate existence of contract given clear intent shown by both parties through their actions before and after supposed date of agreement. This decision established precedent regarding interpretation of contracts where formal requirements are absent but other compelling evidence indicates mutual consent.

In the dissenting opinion for Fly et al. v. Heitmeyer, Justice Black disagreed with the majority's decision to uphold a state law that allowed creditors to seize property without prior notice or hearing. He argued that this violated due process rights under the Fourteenth Amendment of the Constitution and was therefore unconstitutional. Justice Black believed that individuals should be given an opportunity to contest such seizures before they occur, rather than having their only recourse be after-the-fact litigation against potentially insolvent debtors who may not have any assets left to satisfy judgments in favor of wrongfully dispossessed owners. This view is based on his belief in fundamental fairness and justice which he felt were undermined by allowing unilateral seizure actions without proper legal processes being followed first.