Case - Restatement 2d § 53 (3)
Facts
Under Where an offer of a promise invites acceptance by performance and does not invite a promissory acceptance, the rendering of the invited performance does not constitute an acceptance if before the offeror performs his promise the offeree manifests an intention not to accept. Under comment (c) the offeree’s conduct ordinarily constitutes an acceptance in such cases only if he knows of the offer.