Frequently an offeree while making a positive acceptance of the offer, adds as a request or suggestion that some addition or modification be made. So long as it is clear that the meaning of the acceptance is positively and unequivocally to accept the offer whether such request is granted or not, a contract is formed.84 So an inquiry as to the meaning of an offer, or
82 Horgan v. Russell, 24 N. D. 490, 140 N. W. 99, 43 L. R. A. (N. S.) 1150. In this case the plaintiff to a written acceptance of an option added that an abstract, and deed of the land was "hereby demanded." The court admitted that he had no right to an abstract but said: "Such demand pertained, not to the acceptance, but to performance after acceptance. In order for this demand to invalidate the acceptance, it must amount to a qualification or condition imposed as a part of the acceptance itself. In other words, it must amount in this case to a qualified acceptance to the effect that optionees do hereby signify their intention to take the land described therein, provided or upon condition that optioner, in addition to a deed, furnish an abstract of title to said premises.' Such is not the construction to be placed upon the acceptance, nor was it the intent of the optionees to make the acceptance conditional upon the furnishing of an abstract. On the contrary the acceptance was specific, certain, and unconditional. The demand for an abstract was made in reference to what should happen during the thirty-day period after the option became, as it did, a contract of sale, and as to performance during said period of said executory contract."
83 GruBchke v. Armour Fertiliser Works, 246 Fed. 613, 168 C. C. A. 9.
84 Simpson v. Hughes, 60 L. J. Ch. (N. S.) 143, 334; Netherwood v. Ray-mer, 253 Fed. 515; Bushmeyer v. Mo-Garry, 112 Ark. 373, 166 S. W. 168; Williams v. Moore, 117 Ark. 535, 176 S. W. 1198; Culton v. Gilchrist, 92 request for an explanation will not invalidate a positive acceptance.85