Martin

Plaintiff, T. L. Martin (Martin), appeals from a judgment of nonsuit in favor of the defendant, U-Haul Company of Fresno (U-Haul), on two causes of action and from a conditional order granting new trial on the third cause of action on which Martin was successful at trial. We reject Martin’s contentions on appeal and affirm in all respects.

Statement of the Case

Jury trial began on June 9, 1986, in Martin’s action arising out of U-Haul’s termination of a dealership contract. At the close of Martin’s case, the court granted U-Haul’s motions for nonsuit as to the first cause of action for fraud and the second cause of action for breach of the covenant of good faith and fair dealing. The jury returned a verdict in favor of the plaintiff for $29,000 on the remaining breach of contract cause of action. Martin was also awarded costs in the amount of $3,216.54, attorney fees in the amount of $16,000 and $1,762.52 in interest. Judgment was entered on August 18, 1986.

On September 2, 1986, U-Haul filed its notice of motion for a new trial on the issue of damages. Martin filed his counter motion for new trial on the fraud and breach of the covenant of good faith and fair dealing…