Bergquist v. Speldrich

PEDERSON, Justice.

Concluding that a written agreement between Bergquist and Speldrich involving water hauling in the oil fields was ambiguous as to payment, the trial court, without a jury, heard and considered parol evidence and found, as a fact, that payment within 60 days was intended. Speldrich appealed from the judgment, contending that the intent of the parties was that he would pay Bergquist only after he had collected from the oil well owner.

Terms of a contract are ambiguous when language is subject to more than one construction. Bye v. Elvick, 336 N.W.2d 106 (N.D.1983). Whether or…