BERGQUIST v. SPELDRICH

Civ. No. 10586.

351 N.W.2d 448 (1984)

Marion BERGQUIST, d/b/a J A E Trucking, Plaintiff and Appellee, v. Eugene SPELDRICH, d/b/a Speldrich Trucking, Defendant and Appellant.

Supreme Court of North Dakota.

July 18, 1984.


Attorney(s) appearing for the Case

Freed, Dynes, Reichert & Buresh, Dickinson, for plaintiff and appellee; argued by Ronald A. Reichert, Dickinson.

Baird & Senn, Dickinson, for defendant and appellant; argued by Robert B. Baird, Dickinson.


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.

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