Shirley v. National Applicators of California, Inc.

OPINION

RICHMOND, Judge.

Appellants are the owners of a tract of land suitable for use as a sand and gravel pit. On May 9, 1972, appellants entered into a written lease with appellee National Applicators of California, Inc., permitting the latter to conduct sand and gravel operations on the property for a period of three years. The lease set forth a royalty schedule and contained a non-assignment clause.

Appellee Rosario Brabant was engaged by National on a per ton basis to provide crusher services. “Pit run” from the sand and gravel operation was processed to create a product designated…