R.L. Ammons v. Wilson & Co. case brief summary
176 Miss. 645
SYNOPSIS:
Appellant claimant filed suit against appellee corporation to recover damages alleged to have been caused by the corporation's breach of contract. At the conclusion of the evidence, upon the corporation's motion, the Circuit Court of Bolivar County (Mississippi), excluded the claimant's testimony and directed a verdict and judgment in the corporation's favor. The claimant appealed.
OVERVIEW:
-The claimant was engaged in the wholesale grocery business.
-The corporation was engaged in the business of meat packing, part of which was the manufacture and sale of shortening.
-The corporation's salesman booked the claimant for an order of shortening at a set price.
-The booking was not a contract nor an absolute offer to contract.
-Thereafter, the claimant, through the corporation's salesman, placed an order for shortening.
-The corporation waited 12 days from the time the order was given before declining to accept them.
-The claimant filed a breach of contract action against the corporation.
-The trial court directed a verdict and judgment in the corporation's favor.
HOLDING:
-On appeal, the court reversed and remanded the case.
-The court found that all of the claimant's previous orders had been accepted and the goods shipped not later than a week from the giving of such orders.
ANALYSIS:
According to the court, it was a question for the jury whether or not the corporation's delay of 12 days before rejecting the orders, in view of the past history of such transactions between the parties, including the booking, constituted an implied acceptance.
OUTCOME: The court reversed the judgment entered in the corporation's favor in the claimant's action to recover damages alleged to have been caused by the corporation's breach of contract. The case was remanded.
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176 Miss. 645
SYNOPSIS:
Appellant claimant filed suit against appellee corporation to recover damages alleged to have been caused by the corporation's breach of contract. At the conclusion of the evidence, upon the corporation's motion, the Circuit Court of Bolivar County (Mississippi), excluded the claimant's testimony and directed a verdict and judgment in the corporation's favor. The claimant appealed.
OVERVIEW:
-The claimant was engaged in the wholesale grocery business.
-The corporation was engaged in the business of meat packing, part of which was the manufacture and sale of shortening.
-The corporation's salesman booked the claimant for an order of shortening at a set price.
-The booking was not a contract nor an absolute offer to contract.
-Thereafter, the claimant, through the corporation's salesman, placed an order for shortening.
-The corporation waited 12 days from the time the order was given before declining to accept them.
-The claimant filed a breach of contract action against the corporation.
-The trial court directed a verdict and judgment in the corporation's favor.
HOLDING:
-On appeal, the court reversed and remanded the case.
-The court found that all of the claimant's previous orders had been accepted and the goods shipped not later than a week from the giving of such orders.
ANALYSIS:
According to the court, it was a question for the jury whether or not the corporation's delay of 12 days before rejecting the orders, in view of the past history of such transactions between the parties, including the booking, constituted an implied acceptance.
OUTCOME: The court reversed the judgment entered in the corporation's favor in the claimant's action to recover damages alleged to have been caused by the corporation's breach of contract. The case was remanded.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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