Northwest Sand & Gravel Co. v. Schlieper

The appellant’s-main argument is that the agreement dated September 1, 1959, is unambiguous and riot properly susceptible to interpretation via parol evidence. We consider that the agreement is beset with ambiguity and that the taking of parol evidence was in order.

The instrument in question is dated September 1, 1959, and purports to exercise an option for a term' of five years commencing November 1, 1955; it further provides that “This notice of extension shall be deemed to be effective November 1, 1955.” The royalty rate is set at 15 cents per cubic yard. It is upon this agreement that the…