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Ammons v. Wilson & Co. | 170 So. 227 (1936)

Can a party’s silence ever make a contract? The Mississippi Supreme Court considered that question decades ago in Ammons versus Wilson and Company.

R. L. Ammons, a wholesale grocer, ordered nine hundred and forty-two cases of shortening at seven and a half cents per pound from Mister Tweedy, Wilson’s salesman. Wilson’s customers, including Ammons, understood that their orders weren’t binding on Wilson until Wilson received and accepted them. Tweedy could only solicit orders and transmit them to Wilson for approval.

In prior dealings between Ammons and Wilson, Wilson had accepted and filled Ammons’s orders within a week. This time, Wilson rejected Ammons’s order but didn’t inform Wilson until twelve days later, when Ammons enquired. Wilson explained that the order had been declined because the price of shortening had risen to nine cents per pound.

Ammons sued Wilson for breach of contract. After trial, the trial court granted Wilson a directed verdict, and Ammons appealed to the Mississippi Supreme Court.

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