The silent failure to respond to an offer does not constitute acceptance unless the offeree's conduct, viewed objectively, would signal to the offeror that the offer has been accepted. A person cannot be bound as an undisclosed principal to a contract made before any association existed between that person and the purported agent. Pleading rules apply equally in the District Court, and if unpleaded issues are litigated, the pleadings must be amended to reflect the issues actually tried.
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