The parties do not dispute that Davey or DLS insisted that Shaffer return a signed contract to DLS and that in July of 2000 counsel for Shaffer did so. The parties also do not dispute that Shaffer continued to ship Martin Brower freight brokered by DLS in the two travel lanes at least until November of 2000. Thus, Davey has asserted sufficient facts on the issue of acceptance by performance. See Ivas v. Reardon, 265 Mass. 367, 370-70 (stating whether offer accepted before its withdrawal question of fact for the jury to decide). See also Thomas v. Massachusetts Bay Transportation Authority, 39 Mass.App.Ct. 537, 538 (finding material questions of fact on the issue of acceptance). Cf. Unisys Finance Corporation v. The Allan R, Hackel Organization, Inc., 42 Mass.App.Ct. 275, 282 (1997) (<HOLDING>). Since DLS continued to use Shaffer until
holding it is a question of fact holding whether defendant revoked certificate of acceptance is question of fact holding that estoppel was a question of fact holding the question of whether insurance companys requests were reasonable under policy language was a fact question holding that generally the question of waiver and estoppel is a question of fact