Fred Mertz is a fishmonger in Austin. He regularly delivers fresh fish to local restaurants. For two years he has been regularly delivering 30 pounds of various types of fresh fish (whatever is in season) to the Acme Fish House, a local restaurant. For the past six months, Acme has not placed a formal order for the fish, but Fred makes his delivery every Wednesday morning and he has been promptly paid.Last week Fred delivered the fish, but was not paid because the manager, Ricky Ricardo, was not there. Later Ricky refused to pay Fred because he had not ordered the fish. Fred sued Acme for breach of contract. Fred will:

a. win because the prior dealings between the parties indicated that the restaurant would pay for the fish, i.e., silence is acceptance.

b. win because the contract does not have to be in writing in order to be enforced.

c. lose because Acme did not accept the offer to buy the fish, silence can not be acceptance.

d. lose because the contract is not in writing.

e. none of the above.