Creek Scott v. Magnolia Lady, Inc.
| Docket Number: | 2002-CA-00428-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-15-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Breach of contract - Established course of dealings Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 02-19-2002 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: SUMMARY JUDGMENT FOR DEFENDANT Case Number: 14-C1-98-0019 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Creek Scott d/b/a Classic Coach |
CHARLES M. MERKEL
JACK R. DODSON
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| Appellee: | Magnolia Lady, Inc., d/b/a Lady Luck Rhythm & Blues Casino-Hotel | CHARLES E. WEBSTER H. HUNTER TWIFORD |
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| Topic: | Breach of contract - Established course of dealings |
| Summary of the Facts: | Creek Scott, d/b/a Classic Coach, entered into a series of agreements with Lady Luck Rhythm and Blues Casino-Hotel, under which Scott would provide tour bus service to individuals who wished to gamble or secure hotel rooms at Lady Luck. When Lady Luck became dissatisfied with Scott's unilateral cancellations of bus tours and modifications of the number of rooms reserved, Lady Luck withdrew approximately sixty contract offers. Scott initiated a breach of contract action. The court granted Lady Luck's motion for summary judgment. Scott appeals. |
| Summary of Opinion Analysis: | Scott argues that the court erred in finding that no contract existed between Scott and Lady Luck. The formation of a contract, either oral or written, requires an offer, acceptance of the offer, and consideration. Lady Luck extended an offer to contract by submitting to Scott for approval and signature approximately sixty separate written documents. Scott failed to execute any of the documents. Scott argues that the parties were obligated to continue the past course of conduct, under which Scott never signed any written contracts and never paid any room deposits. While a valid contract may exist where one party, to his detriment, relied on an established course of business dealings, the party seeking to alter the established course of dealings can avoid such a claim by clearly and timely indicating the intent to alter the established pattern of conduct. Lady Luck avoided such a claim when it wrote to Scott and informed him of its "bus program" which required that he execute written contracts and pay room deposits. This was sufficient to put Scott on notice that Lady Luck declined to do business under the old practices. Scott could accept or reject the offer, and there is no evidence of any such acceptance in the record. |
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