McCray

This action was brought by the plaintiffs, cross-defendants and respondents, Phillip L. McCray and Russell L. Brown (hereinafter called plaintiffs), lessees, against defendant, cross-complainant and appellant, C. W. Carlstrom, doing business as Linda Vista Development Company (hereinafter referred to as defendant) to determine the respective rights and obligations under a lease agreement dated and executed by them on October 23, 1961. The trial court determined that the lease was null and void and that neither party had any rights or duties thereunder. The defendant lessor contends that the lease is valid and subsisting and that the plaintiffs owe him the amount of rental payments due and unpaid and reasonable attorney’s fees.

The lease was drafted by the defendant lessor’s counsel and involved certain real property and a partial building to be used as a beer and wine bar and tavern. The relevant portions of the lease provisions are as follows:

There was testimony and it was agreed that the lessees *275 applied for a beer and wine license from the Alcoholic Beverage Control Board (hereinafter referred to as Board) immediately after the lease was executed. Bussell L. Brown, one…