Robert W. Miller and Patricia M. Miller, Harold R. Miller and Bernice Miller v. The Federal Land Bank of Spokane

DUNIWAY, Circuit Judge:

In this civil action, jurisdiction rests upon diversity of citizenship. The plaintiffs (the Millers) are citizens and residents of Montana and the defendant is a federally chartered federal land bank having its principal office in Spokane, Washington.

The appeal is from a judgment in favor of the Millers, upon a verdict in their favor in a trial of certain issues to a jury, together with an earlier partial summary judgment.

I. The Facts.

The Millers were the owners of a 2,600 acre ranch in Treasure County, Montana. On June 5, 1966, they borrowed $47,800 from the defendant,…