Two old friends reconnected over drinks at their high school…
Two old friends reconnected over drinks at their high school class reunion. During the course of their reminiscing, one of the friends pulled an old newspaper clipping out of his wallet and showed it to his classmate. The clipping was a newspaper article from when their high school football team had won the regional championship and featured a photo- graph of both men with some of their old teammates. The classmate asked his friend if he would sell him the clipping. His friend replied, “I don’t think so, I’ve kept this in my wallet all these years as a good luck charm, but I’m sure you can get a copy of the article yourself from the newspaper’s website for free.” The classmate was not dissuaded and kept pestering his friend to sell him the clipping. After further conversation, and a couple more drinks, the friend finally orally agreed to sell the newspaper clipping to his classmate for $1,000. They agreed that the classmate would bring the $1,000 in cash to the friend’s house that weekend. The classmate wrote his name and cellphone number on a napkin and told the friend to text him his home address. The friend texted the classmate his address the next day, but the classmate never responded. The friend filed suit against the classmate for $1,000.In an action by the friend against his classmate for breach of contract, which of the following would be the classmate’s best defense?