Wilton

Defendant Spalding appeals from a judgment rendered against him.

Respondent instituted this action to recover the sum of $2,000, representing the amount of money for which two checks were drawn by appellant on the First National Bank of Los Angeles on September 7, 1927. Each check was for $1,000 and each was made payable to the order of J. II. Somers. The checks were originally given as a part of a larger sum, which was to be applied in paying the expenses of completing the drilling of a certain oil-well under the terms of an agreement with the Calnan Petroleum .Corporation.' The receipt, given at the time the checks were delivered to Somers, reads as follows:

On September 17, 1927, J. PI. Somers and W. T. Garrett went to the office of J. J. Stalker, where the respondent was present, and concluded negotiations for the procuring of a lease of certain land. The negotiations resulted in the preparation of an instrument entitled “Option to Purchase Oil Lease”. This instrument is in the following form:

The evidence indicates that the parties discussed the lease that was to be given and that it was clearly understood among them that it was to be a so-called standard form of lease for…