In March of 2021 SouthWest Grain (SouthWest) sent a text mes…

In March of 2021 SouthWest Grain (SouthWest) sent a text message to farmer Bob wanting to buy flax for $10 per bushel for delivery in December of that year.  After a few phone calls with Bob, SouthWest drafted a contract for Bob to sell SouthWest 100 metric tons of flax for $10 per bushel, with delivery in November.  SouthWest signed the contract and sent a photo of the signed contract to Bob via text message stating: “Please confirm flax contract.” Bob responded via text with a “thumbs-up” emoji.  Bob never delivered the flax.  SouthWest had to buy flax from another farmer at $30 per bushel.  SouthWest sues Bob for breach of contract. Bob says we never had a contract. Bob wins because an emoji “thumbs-up” is not a valid acceptance of SouthGrain’s signed contract.  True or False?