| Previous contracts delivered without issue... 5. On July 14, 2020, after discussing and agreeing on a contract with Chris Achter, I prepared a contract for the sale of 185 metric tons of durum wheat from Achter Ltd. to SWT for $312 per ton. I signed the contract and then took a photo of it using my cell phone and sent it to Chris. I messaged: “Please confirm terms of contract.” Chris texted me back: “Looks good”. Achter Ltd. delivered on this contract without issue. (Exhibit “B”) 6. On September 11, 2020, after discussing and agreeing on a contract with Chris, I prepared a contract for the sale of 131 metric tons of wheat from Achter Ltd. to SWT for a price of $284 per ton. I signed the contract and then took a photo of it using my cell phone and sent it to Chris. I messaged: “Please confirm terms of durum contract”. Chris texted me back: “Ok”. Achter Ltd. delivered on this contract without issue (Exhibit “C”). 7. On October 21, 2020, after discussing and agreeing on a contract with Chris, I prepared a contract for the sale of 395 metric tons of durum wheat from Achter Ltd. to SWT for a price of $308 per ton. I signed the contract and then took a photo of it using my cell phone and sent it to Chris. I messaged: “Please confirm terms of durum contract”. Chris texted me back: “Yup”. Achter Ltd. delivered on this contract without issue. (Exhibit “D”).
The flax contract... 10. I then called Chris about the potential flax contract. I said “I assume you talked to Bob about this” and Chris confirmed that he had spoken to Bob and wanted to enter into a flax contract for 87 metric tons of flax at $669 per ton. I told Chris I'd send the contract by text message and ask him to confirm he contract via text when it came through, which Chris agreed to do. 11. I then wrote up the contract for a purchase of 87 metric tons of flax for $669 per ton. I signed the contract, took a photo of it and texted it to Chris. I messaged: “Please confirm flax contract”. Chris tested back a thumbs up emoji. I understood this to be that Chris was agreeing to the contract. A copy of the contract and the text message is attached as Exhibit “E”. |
Stock, grain, feed, etc has been routinely traded in yards, auctions, annual shows in large units ( a years worth of lambs, feed for six months ) on the basis of a price and amount agreed upon with terse affirmatives.
A nod, a handshake, a yep, a thumbs up have all been used to seal similar scale transactions in agriculture since formal law came into being making it a solid part of common law.