SHIRLEY v. NATIONAL APPLICATORS OF CAL., INC.

No. 2 CA-CIV 2365.

115 Ariz. 521 (1977)

566 P.2d 322

Elzie SHIRLEY and Willie Lynn Shirley, his wife, Appellants, v. NATIONAL APPLICATORS OF CALIFORNIA, INC., a California Corporation doing business in Arizona, and Rosario Brabant, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 26, 1977.

Review Denied June 14, 1977.


Attorney(s) appearing for the Case

Otto H. Linsenmeyer and Frank E. Dickey, Jr., Phoenix, for appellants.

Platt & Jenson, P.C. by Dennis D. Jenson, Coolidge, for appellees.


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...

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