QUESTION $11$

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

$[$Hint: Have a look at "Revocation of an Offer" and the notes on reasonableness $]$

No$,$ because once Lola received Chester's acceptance, she was no longer liable to Davin, Emmanuel, or Fast Freddie

Yes, because at the time Emmanuel delivered his acceptance, Lola had not yet sent out notice that she'd given the contract to Chester

Yes, because he accepted Lola's offer on her proposed terms

No$,$ because when Emmanuel drove past the worksite, he should reasonably have discovered the contract had been awarded to Chester