H. T. Coker Construction Co. v. Whitfield Transportation, Inc.

I concur on the first shipment and dissent on the second shipment. The judgment of the trial court should be affirmed.

First Shipment

The plaintiff’s first contention is that the trial court erred in concluding:

That the plaintiff failed to exercise due diligence in inspecting the merchandise received on September 3j 1971, and described on Exhibit “A”, and therefore Plaintiff should not be entitled to recovery on Count I of the First Amended Complaint. (Tr. 62) [Emphasis added]

“It is fundamental that a judgment cannot be sustained on appeal, unless the conclusion on which it rests finds support…