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Alabama Supreme Court - 176 Miss. 645, 170 So. 227
Tags: Silence
Case Summary
In Ammons v. Wilson & Co. (1936), a wholesale grocer sued a company for breach of contract, alleging that the company implicitly agreed to his order for 942 cases of shortening by not responding for twelve days. The grocer had previously placed several orders with the company, all of which were accepted and shipped within a week. However, this time the company rejected the order after twelve days, citing a price increase in shortening. The grocer sued to enforce the contract, arguing that the company's silence implied acceptance.
The trial courts both sided with the company, determining that no contract was formed. The court explained that the order was not an offer, but rather an invitation to negotiate.
The appellate court stated that the issue should have been presented to the jury and sent the case back to the lower court.
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The Italian Society of Mutual Beneficence filed a petition for Certiorari to review the Court of Appeals' decision in the case of Italian Society of Mutual Beneficence v. Vacarella et al. The writ was denied by the majority opinion of Justice Gardner, with Chief Justice Anderson and Justices Bouldin and Foster concurring with the decision.
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