AMMONS V. WILSON & CO.
170 So. 227 (1936)
NATURE OF THE CASE: This was a contract dispute over shortening. Ammons (P) filed suit against Wilson (D) to recover damages alleged to have been caused by the corporation's breach of contract. The court excluded P's testimony and directed a verdict and judgment in D's favor. P appealed.
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 was had taken several orders from P for other items in the past that had always been accepted and shipped not later than one week after they were given. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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