In these consolidated appeals, plaintiff seeks to reverse the trial judges grant of defendants motion for a new trial; and third-party defendant, Clarks Landing Marina, Inc. (Clarks Landing), seeks to reverse the judges denial of its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and the denial of judgment notwithstanding the verdict (J.N.O.V.). On July 28, 1997, plaintiff, Martin Judge, contracted to purchase a 1998 Blackfin 32.11 foot motor boat from defendant Clarks Landing for $292,098, plus tax and handling fee, for a total of $309,768.88. The boat was a special order and, as such, defendant required a non-refundable deposit of $30,000. A special order is a boat for which the purchaser specified personalized options to customize the vessel. Clarks Landing purchased the boat from Blackfin and then re-sold it to plaintiff. Defendant required the ten percent non-refundable deposit to assure that plaintiff would purchase the specially outfitted vessel.
