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Accessory Overhaul Group, Inc. ( AOG ) Mesa Airlines, Inc. serviced and maintained Mesa s wheels, tires, and brakes. In negotiating for a contract renewal

Accessory Overhaul Group, Inc. (AOG) Mesa Airlines, Inc. serviced and maintained Mesas wheels, tires, and brakes. In negotiating for a contract renewal in 2011, AOGs president, Ron Byrd, worked with Scott Johnson, Mesas senior director for maintenance and engineering technical administration, to draft the contract. Byrd and Johnson exchanged several drafts of an agreement. On November 21,2011, Johnson sent Byrd an e-mail, stating that he had updated the pricing per AOGs request and that he had included with his e-mail a soft-copy version as well as the PDF. Johnson then stated, If youre good, please sign and return. Then, Ill route through our contract signature process here at Mesa. Byrd signed and returned the document that day. On January 3,2012, Johnson informed Byrd that the document had hit a snag in the finance department. Mesas senior vice president of finance had rejected a term dealing with late fees, and Byrd agreed to remove that term. In March 2012, Johnson presented the November 21 document to Mesas president, Michael Lotz, for his review. Lotz refused to sign the contract. On May 9,2012, AOG met with Mesa to discuss a rate increase. AOG unequivocally told Mesa during the meeting that if the rate did not increase, it would cease work with Mesa right away or pretty quickly. Mesa responded by putting out a new call for bids. AOG maintains that it had a contract because of the exchanges of correspondence and the documentation they provided. Decide whether contract was formed and explain why or why not.

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