Beyerle Sand & Gravel, Inc. v. Martinez

OPINION

HOWARD, Chief Judge.

This appeal and cross-appeal arise from the granting of a default judgment in an action concerning the breach of a written lease authorizing appellant to remove sand and gravel from land owned by appellees.

In November of 1971, appellees Ricardo Martinez and Joan Conley Martinez acquired a portion of the Diamond Y Ranch in Santa Cruz County, Arizona. They purchased the property from Richard E. Con ley, Mrs. Martinez’ father. Mr. Conley had executed a lease with appellant permitting the removal of sand and gravel and appellees entered into a similar lease with it on…