This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
A performance of the acts stipulated for by the offer, amount to an acceptance, if the offer is one which, by its terms, is to be accepted by the performance of an act.1 An offer to lend money if collateral security is furnished is accepted by furnishing such security.2 If A, who is an indorser on a note, makes an offer under seal to B, whereby A agrees to repay such amount to B if B will pay such note at maturity, B's act in paying such note at maturity constitutes acceptance without any written acceptance under seal.3 An offer to carry certain freight at the next voyage of a steamboat if the shipper would place such freight at the margin of the river for loading upon such steamboat, may be accepted by placing such freight upon the margin of the river.4 If A offers to pay to B the amount of a bond held by X if B can induce X to assign such bond to B, such offer is accepted by B's act in procuring such assignment.5 A promise to pay a subscription in consideration of raising a certain sum is accepted by raising such sum.6
4 Louisville & N. R. Co. v. Coyle, 123 Ky. 854, 99 S. W. 237 [denying rehearing, Louisville & N. R. Co. v. Coyle, 123 Ky. 854, 97 S. W. 772]; Ayer & Lord Tie Co. v. O'Bannon, 164 Ky. 34, 174 S. W. 783.
5 Jones v. Gammel Statesman Pub. Co., 100 Tex. 320, 8 L. R. A. (N.S.) 1197, 99 S. W. 701.
6 Eastern Ry. Co. v. Tuteur, 127 Wis. 382, 105 N. W. 1067.
1 England. Carlill v. Carbolic Smoke Ball Co. (1892), 2 Q. B. 484, (1893) 1 Q. B. 256.
Alabama. Mott v. Jackson, 172 Ala. 448, 55 So. 528.
Georgia. Brown v. Bowman, 119 Ga. 153, 46 S. £. 410.
Iowa. McCormick Harvesting Machine Co. v. Markert, 107 la. 340, 78 N. W. 33.
Kansas. Sigler v. Sigler, 98 Kan 624, L. R. A. 1917A, 725, 158 Ac. 664; Young Men's Christian Association v. Sentney, - Kan. - , 173 Ac. 917.
Maine. Hay v. Fortier, 116 Me. 455, 102 Atl. 294.
Maryland. Sharp v. Bates, 102 Md. 344, 62 Atl. 747.
Oregon. Oregon Home Builders v. Crowley, 87 Or. 517, 170 Ac. 718, 171 Ac. 214.
Washington. Hall v. State, 102 Wash. 519, 173 Ac. 429.
Wisconsin. Zwolanek v. Baker Mfg. Co., 150 Wis. 517, 137 N. W. 769.
In some cases the so-called offer is so worded as to become binding only when both act: Saraceno v. Carrano, 92 Conn. 563, 103 Atl. 631; Robson v. Weil, 142 Ga. 429, 83 S. E. 207.
2 Murphy v. Hanna, 37 N. D. 156, L. R. A. 1918B, 135, 164 N. W. 32.
3 Sharp v. Bates, 102 Md. 344, 62 Atl. 747.
4 Mott v. Jackson, 172 Ala. 448, 55 So. 528.
An offer which is to be accepted by doing a specified act is not accepted unless such act is performed, at least substantially.7 An offer to make annual payments in consideration of marriage is not accepted until the marriage takes place.8