Oswell v. Tennessee Land & Exploration Co.

VANCE, Circuit Judge:

This diversity case involves the construction of an oil lease. Plaintiffs appeal from entry of summary judgment in favor of the defendant oil company. At issue is a conflict between a printed lease term exempting producing oil wells from any forfeiture induced by failure to drill further wells, and a typewritten rider mandating loss of all rights and claims under the lease. The district court gave effect to the printed *1557term. Because we find that the terms conflict and because in cases of conflict typewritten terms prevail over printed terms, we reverse.

In January 1981…