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Wheeler v. Klaholt, 178 Mass. I4I (1901)


Contract for sale of shoes. P sent shoes to D. Later both parties repudiated the contract. D was to send cash or send goods back immediately. D sent money less 4% saying Ps agent made that deal. P sent money back saying that wasn’t deal and to return goods. D sent shoes back in bad condition. P wanted money for shoes bc D had accepted the offer


Where a prior relationship exists and there is an obligation to return the goods because they are in your possession when you don’t want them and haven’t purchased them, and you don’t send them back, failure to do anything could mean acceptance
**Silence coupled with refusing to send goods back may be acceptance.


D did not return the goods immediately or w/in a reasonable time


There was a contract and by refusing to pay or send them back in a timely matter D had accepted the contract.

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