Question: Charles Lohman wanted to convert his pig operation (raising them to 50 pounds) to a weaner pig facility (raising pigs only to 7 to 14 pounds). John Wagner was putting together a network of pork producers and buyers. Lohman began selling weaner pigs to Wagner although Lohman still needed a loan to remodel his building. Lohman asked Wagner for a sample of a weaner pig purchase agreement the pork network might use to show his banker.
Wagner made one up and even signed it though there were blanks including the quantity of pigs. He faxed it to Lohman saying he hoped it would help Lohman get a loan. Lohman put in 300 per week for the quantity; he signed it but never sent it to Wagner. He supplied weaner pigs to Wagner at $28 per pig consistent with the price in the sample agreement, until Wagner paid only $18 because the price for pork had dropped. Months later, Lohman sued Wagner for breach of contract. Was there an enforceable contract?