to Texas Farm Bureau’s June 2011 settlement offer as a matter of law. “A counteroffer constitutes a rejection, not an acceptance, of the original offer.” Blackstone v. Thalman, 949 S.W.2d 470, 473 (Tex.App. — Houston [14th Dist.] 1997, no writ). An offeree’s power of acceptance is terminated by the making of a counteroffer, unless the offeror has manifested a contrary intention or unless the counteroffer manifests a contrary intention of the offeree. Thurmond, 699 S.W.2d at 682; see also Restatement (Seo-ONd) Of CONTRACTS § 39(2). Once it has been terminated by the making of a counteroffer, an offeree’s power to accept the original offer cannot be revived by later accepting the offer. See Legal Sec. Life Ins. Co. v. Ward, 373 S.W.2d 693, 698 (Tex.Civ.App. — Austin 1963, no writ) (<HOLDING>); see also Figueroa v. Davis, 318 S.W.3d 53,
holding that the rejection of an offer has the effect of terminating it and it cannot be revived by later acceptance holding that under oregon law an acceptance of an offer must be positive unconditional unequivocal and unambiguous holding that a valid contract requires acceptance of an offer holding that an offer to donate cannot be an offer to sell holding purchaser of software product was bound by terms of shrinkwrap agreement upon opening the packaging of the product reasoning that a vendor as master of the offer may invite acceptance by conduct and may propose limitations on the kind of conduct that constitutes acceptance a buyer may accept by performing the acts the vendor proposes to treat as acceptance