Sivers Construction Co. v. United Steel Corp.

Plaintiff brought this action to recover damages suffered because of defendant’s alleged violation of OBS 646.100(1) (a), prohibiting sales below cost.① The defendant demurred to plaintiff’s second amended complaint on the ground that it failed to state a cause of action. The trial court sustained the demurrer and the plaintiff chose not to plead further. The plaintiff appeals from the judgment thereafter entered.

The facts to be considered are those alleged in the complaint. The plaintiff is in the general construction business. The defendant manufactures, fabricates, sells and erects steel…