specially concurring:
Although I do not agree with all that is said in the opinion, I join in the order granting a new trial. Here, in a case involving punitive *41damages, the defendants were prevented from testifying that had they known of the rescission agreement, regardless of its legality, they would have conducted themselves differently. This is sufficient to require a new trial at least on punitive damages. However, the issues with regard to actual damages and punitive damages are so intertwined that justice would be best served to require a new trial on all issues.