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.

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