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Brian lives next door to John. One morning Brian notices that John has hired a man to paint the fence that adjoins Brian’s fenced yard. Brian introduces himself and asks the man how much he is charging John to paint the fence. The man replies, “ I usually charge $10 per yard of fence, so I guess it will be about $300.” Brian comments, “ Really? I think I’d pay someone $8 per yard but not $10.” Brian then gets in his car and drives away. When he returns that evening, his fence has been painted. Brian’s fence is much longer because of the size of his yard. He finds a bill for $720 attached to his door with the notation “90 yards $8.” In this circumstance, a bystander would probably not perceive that Brian’s comment constituted an offer to contract. It was a general statement made in conversation and not even directed specifically to the painter.

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