Ammons v. Wilson
|Ammons v. Wilson|
|Court||Mississippi Supreme Court|
|Citation||170 So. 227; 176 Miss. 645 (Miss. 1936)|
|Date decided||December 7, 1936|
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.
Ammons sued Wilson for breach of contract.Ammons lost. The trial court in Mississippi granted Wilson a directed verdict.
Can a party's silence ever make a contract?Can an offeree's (Wilson) silence & in-action be considered an acceptance of an offer?