See Bushel v. Wheeler, 15 Q. B. 442; Benjamin on Sales, §§ 162-164; Taylor v. Dexter Engine Co. 146 Mass. 613, 615. Conduct which imports acceptance or assent is acceptance or assent in the view of the law, whatever may have been the actual state of mind of the party, -- a principle sometimes lost sight of in the cases. O'Donnell v. Clinton, 145 Mass. 461, 463. McCarthy v. Boston & Lowell Railroad, 148 Mass. 550, 552.
Therefore, a prior course of dealing between parties may render silence an acceptance because it creates a duty to speak. See Hobbs v. Massasoit Whip Co. 158 Mass. 194, 33 N.E. 495 (1893)