Handi Investment Company v. Mobil Oil Corporation

653 F.2d 391 HANDI INVESTMENT COMPANY, Robert M. Fridlund, Richard E. Fridlund, Everette H. Neal, Barbara Fridlund, Loretta Fridlund, Patricia Neal, Plaintiffs-Appellants, v. MOBIL OIL CORPORATION, Defendant-Appellee. No. 78-2953. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 6, 1980. Decided Aug. 10, 1981. Garry Koenigsberg, San Francisco, Cal., argued, for plaintiffs-appellants; Timothy H. Fine, San Francisco, Cal., on brief. Jack D. Fudge, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., argued, for defendant-appellee; Michael L. Hickok, Los Angeles, Cal., on brief. Appeal from the United States District Court for the Eastern District of California. Before CHAMBERS, WALLACE and POOLE, Circuit Judges. CHAMBERS, Circuit Judge: 1 This is the second time these parties have come before this court. The first go-around was an appeal from summary judgment, Handi Inv. Co. v. Mobil Oil Corp., 550 F.2d 543 (9th Cir. 1977), (Handi I ), and the facts are set out there. Upon remand, a jury trial resulted in a verdict in favor of defendant Mobil Oil. Handi argues the district court erred in instructing the jury that both parties to a loan agreement must…