Haskell

The Carlis appeal the granting of a motion for summary adjudication of issues and the summary judgment which was premised on those issues.

By written agreement dated November 21, 1969, Emanuel Barrell and James S. House, who had been friends for years, entered into an agreement which they designated a “Land Lease Purchase” of Barrell’s 115 acres in Seeley, California.

The written agreement is set forth on a preprinted Wolcott form to which the parties made substantial changes. Designating Barrell as “seller and lessor” and using “buyer and lessee” to designate House, they added the term “purchase” wherever the term “land lease” appears and struck out a preprinted paragraph setting forth standard obligations of a lessee.

The agreement was made for a “term” of 11 years commencing on June 1, 1970, and “ending” on January 1, 1981, “at the total rent or sum of $69,575.00” payable in installments as follows: “Two payments each year, each payment to be $3,162.50. The payments are to be made on June 1 and January 1 of each year, and are to begin June 1, 1970.”

A second page of the agreement contains the following language: “After eleven years Emanuel Barrell agrees to give…