L. B. Foster invited Tie and Track Systems Inc. to submit price quotes on items to be used in a railroad expansion project.Tie and Track responded by email on August 11, 2006, with prices for 9 items of steel ties. The e-mail concluded, The above prices are delivered/Terms of Paymentto be agreed/ Deliveryto be agreed/We hope you are successful with your bid.If you require any additional information please call. Just 3 of the 9 items listed in Tie and Track’s price quote were accepted by the project. L. B. Foster demanded that Tie and Track provide the items at the price listed in the quote. Tie and Track refused. L. B. Foster sued for breach of contract.Did the August 11 e-mail constitute an offer, acceptance of which could bind the supplier to a contract? If so, was there a valid acceptance?
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