Vogt v. Madden

Idaho Court of Appeals

713 P.2d 442 (Idaho Ct. App. 1985)

Silence is considered an acceptance where (a) the offeree silently takes offered benefits, or (b) where one party relies on the other party's manifestation of intention that silence may operate as acceptance, or (c) where because of previous dealings between the parties, it is reasonable that the offeree should notify the offeror if he does not intend to accept.

Relevant Facts

Vogt (the plaintiff) had an oral sharecrop agreement with Madden (the defendant) to farm seventy acres of land owned by the Maddens for a period of one year. The parties renewed the agreement for another year. Under their agreement, the plaintiff would cover certain expenses and some expenses would be shared by the parties. The net profits from the crops were to be divided equally. The plaintiff filed suit for breach of a sharecrop agreement they alleged existed for a third year. A jury returned a verdict in the plaintiff’s favor, and the defendants appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 12, 2020

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Procedural History

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Citations

713 P.2d 442 (Idaho Ct. App. 1985)