Whether or not communication of the acceptance is essential to the formation of a contract must depend upon the nature and terms of the offer; that is, upon whether the offeror proposes to be bound upon the performance of an act by the offeree, or upon his communication of his acceptance of the offer. "Where a person in an offer made by himself to another person expressly or impliedly intimates a particular mode of acceptance as sufficient to make the bargain binding, it is only necessary for the other person * * * to follow the indicated mode of acceptance; and if the person making the offer expressly or impliedly intimates in his offer that it will be sufficient to act on the proposal without communicating acceptance of it to himself, performance of the consideration is a sufficient acceptance without notification."38 If the offer contemplates the doing or forbearance from the doing of an act as the consideration of the promise of the offeror, unless the offer prescribes communication, the mere performance of the consideration completes the contract.39 Thus, if a person orders goods of a merchant, who ships them pursuant to the order, the to the applicant. Busher v. New York Life Ins. Co., 72 N. H. 551, 58 Atl. 41. See "Contracts;' Dec. Dig. (Key-No.) § 22; Cent. Dig. §§ 82-92, 101,-108.
37 Felthouse v. Bindley, supra. See, also, to the same effect, PRE SCOTT v. JONES, 69 N. H. 305, 41 Atl. 352, Throckmorton Cas. Contracts, 10 [cit Clark on Contracts]. See "Contracts;' Dec. Dig. (Key-No.) § 22; Cent. Dig. §§ 82-92, 104-108.
38 Carlill v. Smoke-Bail Co. (1893) 1 Q. B. 256. See "Contracts," Dec. Dig. (Key-No.) § 22; Cent. Dig. §§ 82-92, 104,-108.
39 Brogden v. Railway Co., L. R. 2 App. Cas. 691; First Nat. Bank v. Wat-kins, 154 Mass. 385, 28 N. E. 275; Lennox v. Murphy, 171 Mass. 370, 50 N. E. 644. While a party making an offer may specify how it shall be accepted, in order to complete the contract, yet, if he does not so specify, anything which in law would be an acceptance is sufficient. Mott v. Jackson, 172 Ala. 448, 55 South. 528. See "Contracts," Dec. Dig. (Key-No.) § 22; Cent. Dig. §§ 32-32, 104-108.
contract of sale is complete upon the shipment; 40 and if a person offers a reward for the return of lost articles, or for information, the contract is complete upon transmission of the articles or the information to the offeror.41 So, as we have seen, if a person asks another to work for him, unless a particular form of acceptance is prescribed, the latter may accept the offer simply by performing the service;*2 and if a person sends goods to another, who uses them, he is liable to pay for them.43 Yet, even where the offer is of a promise for an act, the offeror may, of course, make communication of acceptance a condition of the formation of a contract.