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Ammons v. Wilson & Co.

Mississippi Supreme Court

170 So. 227 (1936)

Relevant factsFree

In every prior transaction between Ammons (plaintiff) and Wilson (defendant), Wilson had accepted Ammons's purchase orders within seven days of receipt; when Ammons placed a large shortening order, Wilson remained silent for twelve days before rejecting it after prices rose, and Ammons sued, arguing the extended silence constituted implied acceptance based on their established pattern.

IssueFree

Whether, when certain circumstances give an offeror reason to believe that silence or inaction by the offeree constitute acceptance, the offeree's silence and inaction may be treated as acceptance capable of forming a binding contract.

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