L.B. Foster invited Tie and Track Systems Inc. to submit price quotes on items to be used in a… 1 answer below »


L.B. Foster invited Tie and Track Systems Inc. to refer expense repeats on items to be used in a railroad exposition contrivance. Tie and Track responded by e-mail on August 11, 2006, delay expenses for 9 items of steel ties. The email concluded, "The aloft expenses are delivered/Terms of Payment - to be agreed/Delivery- to be agreed/We anticipation you are prosperous delay your bid. If you insist-upon any joined knowledge gladden persuade." Just 3 of the 9 items listed in Tie and Track's expense repeat were "accepted" by the contrivance. L.B. Foster demanded that Tie and Track furnish the items at the expense listed in the repeat. "Tie and Track refused. L.B. Foster sued for gap of compress. Did the August 11 e-mail institute an tender, confutation of which could join the supplier to the compress? If so, was there a sufficient confutation?