Hearn v. Old Dominion Freight Lines

Sognier, Judge.

Old Dominion Freight Lines brought suit on contract against R. D. Hearn, Jr. for sums allegedly due for cargo losses caused by theft. Hearn answered and counterclaimed for lost profits. The trial court granted summary judgment in favor of Old Dominion on both the main action and Hearn’s counterclaim. Hearn appeals.

1. Appellant contends the trial court erred by holding him liable for the cargo losses under the contract. Appellant argues a conflict exists between two provisions of the contract and in view of the ambiguity in the contract, the trial court erroneously granted…