Thursday, December 26, 2013

Cole-McIntyre-Norfleet Co. v. Holloway case brief

Cole-McIntyre-Norfleet Co. v. Holloway case brief summary
214 S.W. 817 (1919)

CASE SYNOPSIS
Defendant seller sought review of an order of the Circuit Court of Shelby County, which denied its writ of error seeking to set aside a judgment for defendant buyer in a breach of contract suit.

CASE FACTS
The seller's agent solicited an order for several barrels of cornmeal from the buyer. Several months later when the buyer sought the shipment of the meal, he was informed that the seller had rejected his order. The buyer filed a breach of contract suit against the seller, and a judgment was entered for the buyer. The seller filed a writ of error seeking to have the judgment set aside, but the circuit court denied the writ.

DISCUSSION

  • The court affirmed the judgment for the buyer, denied the writ of error, and held that the lower courts had properly concluded that the seller's unreasonable delay in communicating its rejection of the order constituted its acceptance of the order. 
  • The court further held that there was no evidence that the seller's agent had exceeded his authority in taking the order, so the seller's unreasonable silence constituted its acceptance of the order binding it to the contract. 
  • Finally, the court denied the seller's petition for a rehearing.

CONCLUSION
The court affirmed an order of the circuit court and denied the seller's writ of error seeking to have a judgment for the buyer in a breach of contract suit set aside. The seller's petition for a rehearing was also denied.

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