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TAYLOR v. RAMSAY-GERDING CONSTRUCTION CO.

015188, A127434.

226 P.3d 45 (2010)

233 Or. App. 272

H.H. TAYLOR, C.A. Taylor, and Taylor & Taylor, Inc., an Oregon corporation, Plaintiffs-Appellants Cross-Respondents, v. RAMSAY-GERDING CONSTRUCTION COMPANY, an Oregon corporation, Defendant, and Chemrex, Inc., a foreign corporation, Defendant-Respondent Cross-Appellant. Ramsay-Gerding Construction Company, an Oregon corporation, Third-Party Plaintiff, v. TFC Enterprises, Inc., an Oregon corporation, dba Finishers Drywall; Chemrex, Inc., a foreign corporation; Century West Engineering Corporation, an Oregon corporation; Wyatt Architects and Associates, P.S.; and Donald Trail, Third-Party Defendants.

Court of Appeals of Oregon.

Decided January 20, 2010.

Attorney(s) appearing for the Case

James N. Westwood, Portland, and Stoel Rives LLP and David A. Hilgemann, Salem, and Law Offices of David A. Hilgemann for appellants-cross-respondents.

Todd S. Baran for respondent-cross-appellant.

Ralph C. Spooner, Salem, Melissa J. Ward, and Spooner & Much, P.C., for amicus curiae Ramsay-Gerding Construction Company.

Before SCHUMAN, Presiding Judge, and LANDAU, Judge, and ORTEGA, Judge.

ORTEGA, J.

This case is before us on remand from the Oregon Supreme Court. In our previous decision, we determined in part that, for the purposes of plaintiffs' claim for breach of an express warranty, there was insufficient evidence in the record to permit a jury to find that defendant's territory manager had apparent authority to warrant a stucco siding system manufactured by defendant and installed in plaintiff's hotel. We therefore reversed and remanded for entry...

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