(concurring in result).
[¶ 23.] I concur in result only. If the trial court were correct in concluding that the termination clause was unambiguous, then this case would be controlled by Olsen v. Airheart, 531 N.W.2d 571 (S.D.1995), and the opposite result would be required.
[¶24.] However, the phrase, “as agreed upon by both parties,” is ambiguous, as it is “capable of more than one meaning when viewed objectively by a reasonably intelligent person who has examined the context of the entire integrated agreement!.]” Ducheneaux v. Miller, 488 N.W.2d 902, 909 (S.D.1992) (citations omitted). This phrase must mean something — there is no reason to include it in a contract which obviously contains only terms “agreed upon by both parties.”
[¶ 25.] Its meaning is not clear and, unfortunately for Morris, ambiguities arising in a contract are “interpreted and construed against the scrivener.” Ahlers Bldg. Supply, Inc. v. Larsen, 535 N.W.2d 431, 435 (S.D.1995). Here, Morris had his wife retype and prepare the lease based on the prior version; he is therefore bound by it as “any doubts arising from ambiguity of language are resolved in favor of [Singpiel].” Enchanted World Doll Museum v. Buskohl, 398 N.W.2d 149,152 (S.D.1986).
[¶ 26.] We should affirm the trial court for reaching the right result even though its conclusion that the phrase was unambiguous was erroneous. See Sommervold v. Grevlos, 518 N.W.2d 733, 740 (S.D.1994) (“[A] trial court may still be upheld if it reached the right result for the wrong reason.”) (citation omitted).