In January 2018, Marty Byrde purchased 5 acres of land in Lake of the Ozarks, Florida just outside Lakeland, including a two-story house, upon which Florida Southern Railroad had an easement stemming back to 1941. Between 1941-2018, the Railroad had built massive hills, or berms, upon which it laid tracks so that the State could build a bridge to cross a main road along the border of Martys property. In early 2019, the Railroad rescinded the easement and by the end of the year, it had removed its tracks leaving the berms mounds of dirt that extended the length of the property as high as the two-story house Marty had purchased with the land.

In January 2, 2020, Marty was approached by Jacob Snell, co-owner with his wife, Darlene, of Snells Trucking, Inc., a Florida excavation company, about removing the dirt hills and berms. (On December 31, 2019, Snell Trucking had entered into a contract to supply fill for land with the local town of Springfield in Polk County, Florida). During a meeting at the Blue Cat bar in Ozark on January 2, 2020, Snell offered to remove the dirt and pay Marty a royalty of $10 per truckload. In addition, Snell promised to landscape the property once the dirt was removed by leveling it, spreading topsoil and planting grass. Marty accepted Snells offer and they shook hands on the deal but did not draft or sign a written contract.

In February 2020, Snells company commenced work and started hauling truckloads of the dirt off the property. However, Marty did not keep count as to the number of truckloads of dirt removed as Snell assured him that he would do so. Snells company finished removing the dirt by the end of January 2022. In August 2022, his company completed the landscaping work.

In June 2023, Marty called Snell demanding payment for the dirt he had removed. Snell claimed he had removed 800 truckloads and owed Marty $8000, but did not have the money as he had been audited by the IRS and had to pay them for back taxes, penalties, and interest. Marty believed that at least 8,000 truckloads of dirt had been removed and Snell thus owed him $80,000 or more. Snell told Marty that he was not getting a cent, now or ever, and hung up on him.

1. Did Marty and Snell enter into a valid contract at the Blue Cat bar in on January 2, 2020? Explain why or why not?
2. (A). What defenses may Snell assert if Marty files a breach of contract lawsuit in a Florida court? Explain your answer. (B). What argument could Marty make in response to Snells assertion of this defense?
3. If Marty were to file a breach of contract lawsuit against Snell, what Florida court would have jurisdiction? Explain your answer.
4. Assume you are the attorney hired by Marty to prove his case. How would you do so? That is, what evidence or proof you might gather to do so?
5. Assume that Marty and Snell entered into a valid contract. What law would apply the general law of contracts or the Uniform Commercial Code? Explain your answer.

Please answer questions 1-5 fully