Tum-A-Lum Lumber v. Patrick

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 21A. We reverse.

We accept the facts pled by plaintiff as true. Sager v. McClenden, 296 Or 33, 35, 672 P2d 697 (1983). Plaintiff alleged that defendants entered into a construction contract with a contractor to build a barn on defendants’ property, that plaintiff supplied raw materials to the contractor for use in construction of the barn, that after partial completion of the barn the contractor ceased work and that defendants did not…