Griffin

The plaintiffs commenced an action against the defendant to recover moneys alleged to be due on an oil lease. The defendant answered and from a judgment in favor of the plaintiffs the defendant has appealed. In their complaint the plaintiffs pleaded the lease in lima verla, and further alleged that certain rentals had accrued and had not been paid. In his answer the defendant made certain denials, but pleaded no affirmative matter.

By way of introduction the plaintiffs call to our attention certain rules governing the construction of written instruments by the court. (Civ. Code, secs. 1636, 1638 and 1641.) The plaintiffs do not contend that the rules referred to are not sound, but they do contend that in the instant ease they have no application. The defendant also contends that the provisions of the contract favorable to one of the parties should be considered as having been inserted and worded by him and that in the event any one of such provisions is ambiguous ■ it should be construed against him. (13 Cor. Jur. 546.) In reply the plaintiffs call to our attention the testimony of the defendant which was to the effect that he and his associate, Mr. Wall, drew the instrument. The…