concurring specially.
I agree with opinion authored by Justice Meschke but feel compelled to express my concern about the manner in which issues relating to ambiguity appear to be first raised at the appellate level. It is not only this case but most suits involve contradictory versions of the meaning of words, phrases, sentences, and paragraphs. Mostly the ambiguity relates to the background, and extrinsic evidence is offered without a clear-cut conclusion of law that there is an ambiguity. When the case is tried to the court, as this one was, a finding of fact as *667to meaning is required, but is usually absent, as in this case.
Even though lawyers are reluctant to do so, they would present a better argument on appeal if they would concede at the trial court level that their opponents interpretation is a possibly correct interpretation, by arguing that an ambiguity exists, introduce extrinsic evidence of their own interpretation, and get a finding of fact that would have the presumption of correctness on appeal under Rule 52(a), N.D.R.Civ.P.