Myaer v. Nodak Mutual Insurance Co.

VANDE WALLE, Chief Justice.

[¶ 1] Nodak Mutual Insurance Company appealed from a judgment awarding Barry Myaer $34,938.24 plus interest in his breach of contract action against Nodak. We conclude the district court did not err in ruling Myaer was entitled to deferred commissions payable to him in December 2009, but did err in ruling those commissions could exceed 10 percent under the terms of the parties’ contract. We affirm in part, reverse in part, and remand for further proceedings.

I

[¶ 2] On July 7, 2009, Nodak terminated Myaer’s “Career Producer’s Contract” after he had served as a captive…