It is not infrequently said that the offeree must intend to accept. If formation of simple contracts depends upon actual intention, this is true. If, however, as seems to be the case, the formation of such contracts depends merely upon expressions of assent, it is not true that an intention to accept is of any importance except where the acts or words of the offeree are ambiguous.3 A manifestation of apparent intention to accept is, however, necessary and no contract can be made without it. Thus, though an offer states that the offeror will treat a failure to reply to his offer as an acceptance, no contract will ordinarily arise without an acceptance;4 though it seems that if the offeree's silence was intended as an acceptance, the offeror having specified that as a satisfactory means of indicating assent cannot complain of its insufficiency as a manifestation.5