Honeywell, Inc. v. San Francisco Housing Authority

MEMORANDUM *

Appellant Honeywell, Inc., appeals a jury verdict for the defendant in its suit against the San Francisco Housing Authority (“SFHA”), claiming that evidence was insufficient to find a financing condition precedent and that the verdict on the breach of contract claim was irreconcilably inconsistent. SFHA cross-appeals, arguing that the trial court erred in directing judgment as a matter of law (“JMOL”) for Honeywell on its 42 U.S.C. § 1983 claim and in awarding Honeywell restitution for unjust enrichment. We affirm in part, vacate in part, and remand with instructions. The parties are familiar with the factual background and history of the case, and we recount only those facts necessary to our disposition.

I. Admission of extrinsic evidence

The district court did not err in determining that the writing at issue, entitled “Addendum,” was not an integration. 1 The writing contains no integration clause repudiating prior understandings, and ample evidence indicates that the parties both understood, prior to signing the writing, that SFHA only intended to enter into a contract funded by third-party financing, and that SFHA’s ability to pay Honeywell *612 was wholly…