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Ammons v. Wilson: Difference between revisions
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Usually, Wilson would fulfill Ammons's order in 7 days. On 1 occasion, Wilson rejected the order of Ammons without informing Ammons until 12 days later. Wilson explained that the price of shortening had risen to $0.09/pound. | Usually, Wilson would fulfill Ammons's order in 7 days. On 1 occasion, Wilson rejected the order of Ammons without informing Ammons until 12 days later. Wilson explained that the price of shortening had risen to $0.09/pound. | ||
|procedural_history=Ammons sued Wilson for breach of contract. | |||
Ammons lost. The trial court in Mississippi granted Wilson a directed verdict. | |||
|issues=Can a party's silence ever make a contract? | |issues=Can a party's silence ever make a contract? | ||
Can an offeree's (Wilson) silence & in-action be considered an [[Contracts/Acceptance|acceptance]] of an offer? | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/ammons-v-wilson-amp-co | |link=https://www.quimbee.com/cases/ammons-v-wilson-amp-co | ||
Revision as of 13:48, July 26, 2023
| Ammons v. Wilson | |
| Court | Mississippi Supreme Court |
|---|---|
| Citation | 170 So. 227; 176 Miss. 645 (Miss. 1936) |
| Date decided | December 7, 1936 |
Facts
Mr. Ammons, a wholesale grocer, ordered 942 cases of shortening at $0.075/pound from Mr. Tweedy, a Wilson & Company ("Wilson") salesman.
Wilson's customers, including Ammons, understood that their orders weren't binding until Wilson had received & accepted them.
Usually, Wilson would fulfill Ammons's order in 7 days. On 1 occasion, Wilson rejected the order of Ammons without informing Ammons until 12 days later. Wilson explained that the price of shortening had risen to $0.09/pound.Procedural History
Ammons sued Wilson for breach of contract.
Ammons lost. The trial court in Mississippi granted Wilson a directed verdict.Issues
Can a party's silence ever make a contract?
Can an offeree's (Wilson) silence & in-action be considered an acceptance of an offer?
