Hobbs v. Massasoit Whip Co.
Massachusetts Supreme Judicial Court
33 N.E. 495 (Mass. 1893)
Relevant factsFree
Hobbs (plaintiff) shipped eel skins to Massasoit Whip Co. (defendant), which had accepted and paid for similar shipments four or five times before but this time kept the skins for months without responding, after which they were destroyed. Hobbs sued for payment, and the trial court found in his favor.
IssueFree
Whether silence may be treated as acceptance of an offer when the parties' prior course of dealing would lead the offering party to reasonably assume the goods were accepted absent a rejection.