Hobbs v. Massasoit Whip Co.

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Hobbs v. Massasoit Whip Co.
Court Supreme Judicial Court of Massachusetts
Citation 158 Mass. 194 (1893)
Date decided 1893

Facts

The plaintiff had been selling eelskins to the defendant for several months. Plaintiff had made several prior shipments to the defendant, which he had accepted and paid for. The defendant kept the most recent shipment of eelskins for some months until they were destroyed, and never notified the plaintiff of acceptance, but also never notified the defendant that he declined to accept the eelskins.


Procedural History

Initial judgment for plaintiff, to which the defendant excepts to the instructions to the jury. Exceptions overruled.


Issues

Whether an acceptance by silence can exist, thereby forcing a duty to act upon reception of goods (either decline or accept) when a standing offer to receive such goods has been made.


Holding/Decision

Exceptions overruled and judgment for the plaintiff.


Reasoning

Conduct which implies acceptance or assent is considered acceptance or assent, regardless of the state of mind of the party, due to the manifestations shown.