Dryden

Plaintiffs, James Diyden, individually, and with Paul R. Minasian and Malcolm R. Minasian acting as a partnership of Dryden, Minasian & Minasian, appeal from the trial court’s judgment dismissing the action against respondent Tri-Valley Growers after the demurrer to the third, fourth, fifth and sixth causes of action of the first amended complaint (complaint) was sustained without leave to amend.

The background facts appearing in the complaint reveal that commencing in 1970 appellants entered into a series of contracts with Henry and Margaret Irving (Irvings), the owners of Villa D’Oro Olive Oil Company, an olive oil processing plant located in Butte County, California. The contracts, which by incorporation became a part of the complaint, provided for the sale of certain waste products of olive oil production, including cracked, dried and de-oiled olive pits, olive pumice (the skin and meat of the olive), and olive oil soap stock (hereinafter: by-products or materials) to appellants. For the purpose of utilizing and selling such materials, appellants installed conveyors, wooden sideboards and building supports on the premises of Villa D’Oro. While some of the materials…