Hobbs v. Massasoit Whip Co.

158 Mass. 194, 33 N.E. 495 (1893)

 

RULE:

Conduct which imports acceptance or assent is acceptance or assent in the view of the law, whatever may have been the actual state of mind of the party, a principle sometimes lost sight of in the cases. 

FACTS:

Plaintiff had made previous sales of eel skins by delivering them to an individual who forwarded them to defendant. The action was initiated when plaintiff was not paid for eel skins and defendant kept them for some months until they were destroyed. The court found in favor of plaintiff.

ISSUE:

Is mere silence a manifestation of acceptance of an offer if the parties have previously had a similar deal?

ANSWER:

Yes.

CONCLUSION:

If there is a reasonable assumption that the offer is accepted then silence can be taken as an acceptance. In this case, a previous purchase was made. The implication was if there was an objection with regard to the deal, then the petitioner would have said it. The trial court is affirmed.

Click here to view the full text case and earn your Daily Research Points.