This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A's conduct, of which his silence is a part, may be such as to lead B to believe that A has accepted B's offer. Under such circumstances A's silence may amount to consent. If a counter-offer as to the form of the contract is received by the original offeror with silence under circumstances, which indicate his acquiescence in such counter-offer, such silence may amount to acceptance.1 If A orders goods for delivery at a certain time, and in a personal interview B accepts for delivery a few days later, and A does not object to such change of terms, he is to be regarded as assenting thereto by his silence, at least if he knows that B understands that he assents.2 If A leads B to believe that A has made an offer and B acts in reliance on such supposed offer so as to accept it, and A, knowing of such action on B's part, remains silent, such silence of A's is equivalent to an assent.3 If A by his silence leads B to believe that he acquiesces in B's request for farther time for performance, A can not thereafter treat B's delay as breach.4
9 Farmers Produce Co. v. McAlester Storage and Commission Co., 48 Okla. 488, 150 Ac. 483.
10 Felthouse v. Bindley, 11 C. B. (N.S.) 869; Prescott v. Jones, 69 N. H. 305, 41 Atl. 352; In re Bultfontein Sun Diamond Mine, 75 Law T. Rep. N. S. 669.
11 Hobbs v. Massasoit Whip Co., 158 Mass. 194, 33 N. E. 495.
12 Enterprise Mfg. Co. v. Campbell (Ky.), 121 S. W. 1040.
1 Bartlett v. Doyle, 161 Wis. 624, 155 N. W. 125.
2 Minneapolis Threshing Machine Co. v. Zemanek, 130 Ia. 120, 106 N. W. 512.
3 Old Jordan Mining & Milling Co. v. Societi Anonyme des Mines, 164 U. S. 261, 41 L. ed. 427.