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.
If the party making the offer wishes to avoid the application of these rules, he can do so by prescribing that only the receipt of the letter or telegram of acceptance shall constitute a proper acceptance. Thus where A offered by letter, and required a prompt answer by telegraph, and provided that unless he received the answer "yes" by a certain time, he would infer that "no" was intended, no contract is made until an answer is received.1 If the by-laws of a beneficial association, which form a part of a contract between such association and its members, provide that a change of beneficiaries shall not take effect until written notice of such change is delivered to the local record keeper, such change does not take effect when such written notice is mailed to such record keeper;2 and if the insured dies before such notice is delivered, the amount of such certificate should be paid to the original beneficiary.3 The offeror may prescribe some other method of acceptance, as sending acceptance by the messenger carrying the offer.4 In such a case mailing a letter does not complete the contract.5
3 See Sec. 566 et seq.
1 Haarstiek v. Fox, 9 Utah 110, 33 Ac. 251.
2 Northwestern Mutual Life Ins. Co. v. Joseph (Ky.), 12 L. R. A. (N.S.) 439, 103 S. W. 317; Mactier v. Frith, 6 Wend. ( N. Y.) 103, 21 Am. Dec. 262.
1 Travelers' Fire Ins. Co. v. Globe Soap Co., 85' Ark. 169, 122 Am. St. Rep. 22, 107 S. W. 386; Dupriest v.
American Central Life Ins. Co., 97 Ark. 229, 133 S. W. 826.
2 Mutual Reserve Fund Life Association v. Farmer, 65 Ark. 581, 47 S. W. 850.
1 Mercer Electric Co. v. Connecticut Electric Mfg. Co., 87 Conn. 691, 89 Atl. 909; Lewis v. Browning, 130 Mass. 73.