Clifford A. Hourston, Doing Business as Southern Cross Engineering and Foundry Works, in No. 71-1931 v. Harvlan, Inc., in No. 71-1932

OPINION OF THE COURT

SEITZ, Chief Judge

This is an appeal by Harvlan, Inc. (“defendant”) from a district court judgment entered on a jury verdict awarding $40,000 to Clifford A. Hourston (“plaintiff”) as a finder’s fee. A previous jury had awarded plaintiff $50,000 which was set aside and a new trial ordered. On cross-appeal plaintiff challenges the new trial order and seeks reinstatement of the original verdict.

We have decided that the judge presiding over the first trial abused his discretion in granting defendant’s motion for a new trial. Therefore, only the events of that first proceeding…