Robert Lawrence LEE, et al. If there is any ambiguity in a contract, it must be construed most strongly against the party who prepared it. Timothy O. Dudley, for appellants. Judith Rogers, Judge. The appellants, Robert Lawrence Lee, Lyman John Endsley II, Garth Wellshear, and Roger Kluska appeal from an order of summary judgment in favor of their former employer, appellee Hot Springs Village Golf Schools.
Appellants raise two issues for reversal.
First, they contend that the trial court erred in granting appellee's motion for summary judgment, and secondly they argue that the trial court erred in ruling that they lacked standing to assert, as an affirmative defense, appellee's breach of the covenant of good faith and fair dealing. We agree that appellee's motion for summary judgment was granted improvidently, and we reverse. Appellants were hired by appellee as instructors at a golf school pursuant to separate written contracts dated January 1, 1993. According to the agreements, appellants were to be compensated based on commissions generated by the operation of the school, and they were advanced certain sums on a monthly basis as a draw against future commissions. The school ceased operations in December of 1994.