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JOHNSON v. ARITHSON

Civ. No. 870043.

417 N.W.2d 373 (1987)

Gregory Paul JOHNSON, aka Greg Johnson, Plaintiff, Appellant and Cross-Appellee v. Donald K. ARITHSON and David A. Arithson, Defendants, Appellees and Cross-Appellants.

Supreme Court of North Dakota.

December 29, 1987.

Attorney(s) appearing for the Case

Kubik, Bogner, Ridl & Selinger, Dickinson, for plaintiff, appellant and cross-appellee; argued by Joseph H. Kubik, Dickinson.

Howe, Hardy, Galloway & Maus, P.C., Dickinson, for defendants, appellees and cross-appellants; argued by Michael J. Maus, Dickinson.

MESCHKE, Justice.

Gregory Johnson appealed from a judgment denying him compensation under an "agency agreement" with Donald and David Arithson. We uphold the trial court's interpretation of the agreement and affirm.

Gregory Johnson agreed with Arithsons to procure oil leases on their land. The agency agreement said:

"Compensation to Agent, or party of the second part, is to be ten percent (10%) of the bonus paid to party of the first part by any Lessee...

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