Tim and Tom, with T Squared Construction were looking for a new employee. While they were interviewing David, at their business lunch meeting, they offered to pay David $35.00 per hour, for two (2) years if Dave agree to work with them. During their meeting, Tom wrote down on his napkin, Need to contact HR to get Dave health insurance information to hire. Tom showed the paper to Dave and then stuffed the same in his wallet.

Two weeks after the lunch meeting, T Squared Construction sent Dave a letter, signed by Tom, thanking him for the interview and advising that they were looking forward to working with Dave and that he would start orientation April 6, and Tom would introduce him to other employees.

One week before the orientation, T Squared sent Dave a letter apologizing for miscommunicating to him and stating that Dave would not be able to work with them as the price of materials had increased and the demand for construction decreased.

Both the letter and the note on the napkin can be used as evidence of a writing if they collectively:

A) Evidence the agreement and are signed by the party against whom enforcement is sought

B) They simply cannot because in the Statute of Frauds

C) They cannot be used under the Parole evidence rule

D) Evidence the agreement and are signed by both parties to a contract