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WILSONVILLE CONCRETE PRODUCTS v. TODD BLDG. CO.

574 P.2d 1112 (1978)

281 Or. 345

WILSONVILLE CONCRETE PRODUCTS, a Co-Partnership Consisting of Wesley A. Schaeffer, James Bernert and Thomas Bernert, Appellant, v. TODD BUILDING COMPANY, an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided February 14, 1978.

Attorney(s) appearing for the Case

Fred A. Anderson of Anderson, Dittman & Anderson, Tigard, argued the cause and filed briefs for appellant.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

BRYSON, Justice.

Plaintiff brought this action for lost profits, alleging that defendant had breached a contract to buy concrete from plaintiff. The case was submitted to the trial court on the following stipulated facts:

"(1) The concrete which is the subject matter of this lawsuit was to be used in the construction of the Security Unit of Dammasch State Hospital, on which project defendant was prime contractor, and the State of Oregon was the Owner.

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