Phillips v. Moor
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Phillips v. Moor, 71 Me. 78 (1880).
Facts: Defendant negotiated for purchase of hay from Plaintiff. Plaintiff indicated "offer is satisfactory, I shall accept it." Shortly thereafter, hay burned down. Defendant later claimed that Plaintiff was too late in accepting--although he never voiced such at the time.
Issue: Did Plaintiff's alleged late acceptance negate a contract?
Holding: No, there was still a contract.
Rule:
- If acceptance is sent reasonably in time, the other party is obligated to notify if acceptance was late.
- Silence is a waiver of the right to object to acceptance.
