QUESTION $10$

Same hypo, different concepts

To decide on a contractor, Lola met with four local builders, Chester, Davin, Emmanuel, and Fast Freddie, each in their respective offices. She made the same offer to all four $$300,000$ to build her house in the time she's gone on her trip. Each asked for time to put together a proposal and told her they'd get back with her. The site where Lola intended to build was in a prominent location downtown, and only a few blocks away from each contractor's office.

The first email Lola received was from Davin, who was anxious to build Lola's house, but couldn't do so for less than $$350,000.$ At about the same time, Chester emailed Lola with his acceptance of her terms and right away began digging the foundation and preparing for framing. Emmanuel drafted up a written acceptance of Lola's offer, on all her offered terms, and decided instead of emailing her, he'd hand deliver it$.$ In doing so$,$ Emmanuel drove past the building site where Chester was hard at work. Fast Freddie put together an acceptance, on all Lola's terms, but then it got buried under a bunch of pizza boxes.

After hearing back from Chester, Davin, and Emmanuel, Lola thought it might be wise to let everybody know she'd received Chester's acceptance. She whipped out a quick email and sent it to Davin and Emmanuel, but forgot to include Fast Freddie.

Question: When Davin finds out Lola has awarded the contract to Chester, he's miffed and files suit for breach of contract. Will Davin's suit be successful?

No$,$ because he didn't accept Lola's contract on the terms she offered

Yes, because he was the first to respond to her offer

Yes, because he responded to her offer before she sent the email informing him that she'd given the contract to Chester

No$,$ because each contractor knew that Lola had made the same offer to other contractors