HOW ACCEPTANCE MAY BE MADE. The acceptance of an offer may be by ex press words or by conduct. Where an offer is made and neither accepted nor rejected expressly, but the party to whom the offer is made proceeds in the matter and derives profit or benefit from it, or asserts rights over the thing in regard to which the offer is made, here the offer is held to be impliedly accepted. Where some particular thing is to mark the acceptance, a do ing of this thing completes the contract, as where a letter asked if goods would be supplied at a certain price, and stated that if they would the first cargo was to be shipped on receipt of letter. A shipment of the cargo was held to complete the contract.
In general, an offer cannot be made in such terms that an acceptance will be assumed without communi cation, as if a letter making an offer should state that if no reply was received an acceptance would be as sumed. The burden of writing a refusal cannot be thus put upon a party. (Felthouse v. Binciley, i i C. B. N. S. 689.) But a comparatively recent case holds that a proposal may be made under such circum stance as not by necessary implication to call for a reply in acceptance. (Fry v. Franklin Ins. Co., 4o 0. St., 108.) Any fraud on the part of the offerer in getting the acceptance will void the contract. Where the party to secure the signature to a note read less interest than the note was written for, this was held to void the con tract. (Stacy v. Roos, 27 Tex. 8.)