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Cole-McIntyre-Norfleet Co. v. Holloway

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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.