X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jack Heard sued his nephew, L. G. Herndon, Jr., and Herndon’s Sales and Storage of Vidalia Onions, Inc. “Herndon” for damages he claimed from their various business dealings. Herndon answered and counterclaimed. The case was tried to a jury, which returned a verdict in Heard’s favor for $168,719.99, and in favor of Herndon for $110,450.00. Herndon appeals, arguing in five enumerations of error that the trial court erred in denying his motion for directed verdict. For the following reasons, we affirm in part and reverse in part. The record shows that on December 20, 1995, Heard filed his complaint against Herndon and Herndon’s Sales, alleging that defendants had breached their agreement to let him use 424 onion bins for storage during the 1995 onion season. The complaint also alleged that defendants owed him $40, 394.36 for an unspecified reason and that they owed him $6,500.00 for an unpaid debt for the purchase of a labeling machine. Heard claimed that defendants’ conduct had been willful and fraudulent and he also claimed punitive damages. Herndon and Herndon’s Sales answered and counterclaimed, alleging that Heard owed them money for various expenditures relating to the production of the 1994 and 1995 onion crop.

After receiving permission from the court, Herndon Sales and Storage amended its counterclaim on September 13, 1996, claiming that Heard had intentionally failed to cancel a security deed. The trial court granted Herndon’s motion for summary judgment on this claim. On September 27, 2001, Herndon filed another amendment to the counterclaim, alleging that Heard had slandered him by making derogatory and defamatory statements about him. On October 4, 2001, Heard filed an eighteen page “Amended and Restated Complaint,” which contained nine counts.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

COLE SCHOTZ P.C.LITIGATION PARALEGAL - FLORIDA OFFICE: Prominent mid-Atlantic law firm with multiple regional office locations seeks a L...


Apply Now ›

McCarter and English s Chambers-ranked Government Contracts group is seeking an experienced, diligent, and proactive government contracts as...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›