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3. In an action by the developer against the well driller for damages, which of the following is the probable decision?
The developer signed the form and returned it to the well driller, who neglected to sign it but promptly began drilling the well at the proposed site on the developer's project. After drilling for two days, the well driller told the developer during one of the developer's daily visits that he would not finish unless the developer would agree to pay twice the price recited in the written proposal. The developer refused, the well driller quit, and the developer hired substitute to drill the well to completion for a price of $7,500.
A developer, needing a water well on one of his projects, met several times about the matter with a well driller. Subsequently, the well driller sent a developer an unsigned typewritten form captioned «WELL DRILLING PROPOSAL» and stating various terms the two had discussed but not agreed upon, including a «proposed price of $5,000.» The form concluded, «This proposal will not become a contract until signed by you [the developer] and then returned to and signed by me [the well driller].»
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A is incorrect. The developer's signing of the form amounted to an offer and not an acceptance.
C is incorrect. The well driller manifested assent by commencing performance.
D is incorrect. The offer sought a return promise, which the well driller implicitly made by commencing performance.