Drew

-August 1, 1918, the plaintiffs and R. M. Carr entered into a written contract with defendant by the terms of which Mennillo agreed to purchase the olives grown by the other parties to the contract during the succeeding five years at an agreed price per ton therefor. The contract contained the following clause:

In pursuance of the provisions of the clause quoted and for the purpose of giving effect to the contract, Mennillo caused the following indorsement upon the contract to be executed by the Santa Barbara Olive Company, B. J. Ruddle and C. R. Mennillo:

At the time of the execution of the contract first the Lindsay Ripe Olive Company leased its olive packing-house and equipment to Mennillo for a term of five years at the semi-annual rental of $390, payable in advance on the “first day of August and the first day of February” of each year during the term. The lease the following provisions:

Neither party was able to produce the lease at the trial, hut the court found, from conflicting evidence, “that by the terms of said lease it was agreed that in case said P. A. Mennillo did not pay the annual rental at the time in the lease provided, that the lessors by giving thirty days…