Restatement 2d § 53 (3) Williams v Carwardine (1833), 4B & Ad. 621, 110 E.R. 590 (K.B.)

Facts

Restatement 2d § 53 § 53. Acceptance by Performance; Manifestation of Intention
Not to Accept

(1) An offer can be accepted by the rendering of a performance only if the offer invites such an acceptance.

(2) Except as stated in § 69, the rendering of a performance does not constitute an acceptance if within a reasonable time the offeree exercises reasonable diligence to notify the offeror of non-acceptance.

(3) 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.