Taylor v. RAMSAY-GERDING CONSTRUCTION CO.

Defendant ChemRex seeks reconsideration of our opinion on remand from the Oregon Supreme Court, 233 Or App 272, 226 P3d 45 (2010), in which we affirmed the jury’s verdict in favor of plaintiffs on their breach of warranty claim. We allow reconsideration to address two contentions and adhere to our opinion as modified by the following discussion.

Defendant first asks that we address its second argument in its first assignment of error, in which it asserted that it was entitled to a directed verdict on plaintiffs’ breach of warranty claim because the alleged representations of defendant’s agent,…