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Ammons v. Wilson & Co.

Mississippi Supreme Court
170 So. 227 (1936)


Facts

Ammons (plaintiff), a wholesale grocer, placed an order for 942 cases of shortening with Tweedy, a traveling salesman employed by Wilson & Co. (Wilson) (defendant). Ammons’ order specified a desire to purchase the cases of shortening for seven and one-half cents per pound. This order was one of a series of orders placed by Ammons with Tweedy pursuant to a written agreement giving Wilson the power to accept or reject any of Ammons’ orders. For all of Ammons’ previous orders with Wilson, Wilson accepted Ammons’ offers to purchase goods within seven days of receiving the orders. After Ammons placed its order for 942 cases of shortening with Wilson, Wilson remained silent and did not act on the order for twelve days. Wilson then informed Ammons it was rejecting the order because the price of shortening had risen to nine cents per pound. Ammons brought suit against Wilson in Mississippi state court alleging breach of a written contract with Wilson for the sale of shortening. Ammons argued that Wilson’s silence and inaction for twelve days following receipt of its order constituted implied acceptance of Ammons’ offer to purchase, forming a binding contract. The trial court directed a verdict and judgment for Wilson, and Ammons appealed.

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Holding and Reasoning (Anderson, J.)

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