Cole-McIntyre-Norfleet Co. v. Holloway: Difference between revisions
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''Cole-McIntyre-Norfleet Co. v. Holloway'', 214 S.W. 817 (Tenn. 1919). | ''Cole-McIntyre-Norfleet Co. v. Holloway'', 214 S.W. 817 (Tenn. 1919). | ||
'''Facts''': Plaintiff sought offers for his | '''Facts''': Plaintiff sought offers for his meal product. Defendant ordered 50 barrels. Several months later, the price had increased and Plaintiff rejected the Defendant's offer. | ||
'''Issue''': Must Plaintiff honor Defendant's order, even though Plaintiff never actually accepted it? | '''Issue''': Must Plaintiff honor Defendant's order, even though Plaintiff never actually accepted it? |
Latest revision as of 18:28, October 3, 2017
Cole-McIntyre-Norfleet Co. v. Holloway, 214 S.W. 817 (Tenn. 1919).
Facts: Plaintiff sought offers for his meal product. Defendant ordered 50 barrels. Several months later, the price had increased and Plaintiff rejected the Defendant's offer.
Issue: Must Plaintiff honor Defendant's order, even though Plaintiff never actually accepted it?
Holding: Yes, a contract was formed.
Rule: Where a merchant solicits an order (offer) and has plenty of opportunity to reject it, but does nothing, silence is an acceptance.