Bennett Veneer Factors, Inc. v. Brewer

Plaintiff (appellant) brings an action for damages and loss of profits claiming that defendants have breached a contract wherein plaintiff was given a preemptive right to purchase all logs which defendants cut from two particular tracts of United States Forest Service lands. At the conclusion of plaintiff’s case on the issue of liability, defendants moved to dismiss on the grounds that plaintiff had failed “to substantiate the essential allegations of the complaint.” The motion was granted and plaintiff appeals.

A separate trial was contemplated on the damages issue. CR. 42 (b), RCW vol. O.

Plai…