Cole-McIntyre-Norfleet Co. v. Holloway: Difference between revisions

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(Created page with "''Cole-McIntyre-Norfleet Co. v. Holloway'', 214 S.W. 817 (Tenn. 1919). '''Facts''': Plaintiff sought offers for his meat product. Defendant ordered 50 barrels. Several months la...")
 
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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 meat product. Defendant ordered 50 barrels. Several months later, the price had increased and Plaintiff rejected the Defendant's offer.
'''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.