Marcoulier v. Umsted

The Supreme Court vacated our decision in this appeal, 102 Or App 61, 793 P2d 881 (1990), and remanded it to us for reconsideration in the light of State v. Olmstead, 310 Or 455, 800 P2d 277 (1990). Marcoulier v. Umsted, 310 Or 546, 800 P2d 299 (1990). Olmstead may be inconsistent with our conclusion that, because the Marcouliers (appellants) made no offer of proof, they had not preserved the contention in their second assignment that the court erred by excluding evidence that Umsted failed to mitigate damages. The trial court excluded the evidence because of its conclusion that appellants…