Hobbs v. Massosoit Whip Co. case brief

Hobbs v. Massosoit Whip Co. (SJC, 1893); 

Silence as Acceptance? When past practice, yes.

• Facts: Hobbs delivered eel skins to company and company held onto them for some months. P believed that accepting the eel skins constituted acceptance.
• Issue: can silence be seen as acceptance?
• Holding: Silence and retention in light of general business practices constitutes acceptance, even without prior business relationship between the two parties.
• Rule: In general, silence will only constitute acceptance where something specific in the relationship makes it reasonable to construe silence as acceptable.