Discussion Problem $1\mathrm{.}2$B

On April $10,$ Olivia Owner offers Peter Painter $$5,000$ to paint the exterior of Owner's lakefront cabin.

Olivia explains that the job will require scraping off some of the older paint around the porch that has been peeling.

Painter says he is not sure he can do it for that price.

Owner, who is about to leave on a fourteen$-$day cruise in the Mediterranean, says, "Well, think about it$.$ You can decide while I$\text{'}$m away. If you agree, just go ahead and do it$."$ Owner then departs.

Two days later, on April $12,$ Painter goes to the cabin and spends sixthours scraping paint.

This takes much more time than Painter estimated, and he realizes that the job would be much more work than he expected, and he would need to get more than $$5,000$ for the work.

Painter quits and leaves the premises.

The next day, April $13,$ Painter is offered a job that pays a good deal more and will take a couple of weeks to complete.

Painter immediately emails Owner that he's decided not to do the lakefront cabin job.

Owner is unable to check emails for a few days and ultimately sees Painter's message on April $15.$

When Owner returns, she discovers that she cannot hire anyone else to paint the cabin for less than $$8,500.$

Owner demands that Painter finish the work.

Painter refuses.

Owner hires another company and sues Painter for the $$3,500.$

Painter argues that no contract was ever formed.

What do you think each side will probably argue in this case?