Ammons v. Wilson

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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.

Procedural History

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?


Yes. Under appropriate circumstances, an offeree's silence & in-action can be considered an acceptance of an offer.


Judgment reversed; remanded for jury trial.


An offeree's failure to reply to an offer acts as acceptance if previous dealings give the offeror reason to believe the offeree's silence manifests intent.