Zugsmith V. Mullins

This is an action adequately described in Zugsmith v. Mullins, 81 Ariz. 33, 299 P.2d 629, as one to recover a promised brokerage commission for procuring the sale of the shareholdings in the corporation which owns the radio station KPHO and the television station KPHO-TV. This appeal is a sequel to the court's second opinion in the case, 81 Ariz. 185, 303 P.2d 261, in which, although it adhered to its earlier decision reversing the trial judge's granting of defendant's motion for judgment n. o. v., the court remanded the case for disposition by the trial judge of defendant's motion for a new trial. Upon remand, the trial court granted the motion on the ground that the conduct of plaintiff's counsel before the jury deprived defendant of a fair trial. Plaintiff appeals from that decision and defendant cross-appeals on the ground that the motion should have been granted on additional grounds, hereinafter stated.