Curtis Co. v. Mason

Norman Mason (defendant), a farmer, discussed a possible wheat-sale contract with D.R. Curtis Co. (plaintiff) by phone. Believing an oral agreement had formed, Curtis sent a confirmation memorandum stating that silence would signify acceptance. Mason, thinking the quantity too high, did not respond until threatened with suit, at which point he declined. The trial court ruled for Mason; Curtis appealed.

Whether silence in response to a contract offer can create a binding contract.