HOBBS V. MASSASOIT WHIP CO
158 Mass. 194, 33 N.E. 495 (1893)
NATURE OF THE CASE: Hobbs (P) brought an action in contract against Massasoit (D), upon
an account annexed for certain sums for eel skins sold by P to D. The jury returned a
verdict for P and D alleged exceptions.
FACTS: Hobbs (P) sent eel skins to Massasoit (D). D never used the skins but kept them
nonetheless. The skins were destroyed and P sued for their value. P introduced evidence at
trial of prior performance with D. P showed that he had previously sent skins to D on four
or five occasions and that D had always accepted and paid for them as long as they were at
least 22 inches long. D defended P's action by indicating that mere silence cannot create a
contract and that there was no duty by D to respond or return the skins. Judgment was given
to P.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
