Weiner v. Wilshire Oil Co.

I concur with the result reached by the court, but disagree as to the reasons. In my opinion, the written instruments in question are ambiguous and require a resort to extrinsic evidence. Only then can a court consider the fact that the appellees knew they were dealing with Dougherty as an agent, and that the parties recognized the overriding royalty interest of the appellees in subsequent assignments.

*499Another rule of construction (in addition to the rules stated in the court’s opinion) applicable to a written contract is that where an irreconcilable conflict exists between general provisions…