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TUM-A-LUM LUMBER v. PATRICK

CSC 87-0858, CA A48888.

770 P.2d 964 (1989)

95 Or.App. 719

TUM-A-LUM LUMBER, Respondent, v. Richard and Jean PATRICK, Appellants.

Court of Appeals of Oregon.

Decided March 22, 1989.

Attorney(s) appearing for the Case

Dale L. Smith, Hermiston, argued the cause for appellants. With him on the brief was Reynolds & Smith, P.C., Hermiston.

Brant Medonich, Pendleton, argued the cause for respondent. With him on the brief was Kottkamp & O'Rourke, Pendleton.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Defendants appeal from a judgment after a jury trial, assigning as error the trial court's denial of their motion to dismiss for failure to state a claim. ORCP 21 A. We reverse.1

We accept the facts pled by plaintiff as true. Sager v. McClenden, 296 Or. 33, 35, 672 P.2d 697 (1983). Plaintiff alleged that defendants entered into a construction...

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