Ammons v. Wilson & Co.

170 So. 227 (1936)

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Nature of the Case

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Facts

Ammons (P) sued Wilson (D) to recover $658.74 in damages caused by D's breach of a contract to ship P 942 cases of shortening. P testified on his own behalf and the court excluded that testimony and directed a verdict to D. D's salesman took a booking from P for 60,000 pounds of shortening at 7.5 cents per pound. The booking neither constituted a contract nor an absolute offer to contract. On August 23-24, P ordered for prompt shipment 43,916 pounds of 942 cases of shortening through D's salesman. The order was sent in by the salesman. P heard nothing until September 4 when he was advised by D that the order was declined. Shortening was now 9 cents per pound. D waited 12 days to decline the order when its salesman had taken several orders from P for other items in the past that had always been accepted and shipped no later than one week after they were given. P appealed.