Nicholas Franz owns an old katuffa, given to him by his favorite college teacher, Professor Sher.He wants to sell it.He has learned that one of his Drexel Business Law colleagues, Kristen Newman, is still mad at Prof. Sher, so he calls up Newman and offers her the katuffa, telling Newman that she, Newman, can use it to put a curse on Prof. Sher."Let me think about it," Newman says."Let me know as soon as you can, but there is no hurry," said Franz.

On December 1, Newman mails her rejection of Franz's offer.It is received on December 3.Meanwhile, after mailing her rejection, Newman changes her mind and on December 2, faxes her acceptance, which gets to, but gets stuck in Franz's fax machine.Franz learns of the broken fax on December 4 and retrieves all his faxes, including Newman's faxed acceptance.Newman claims there is a contract.Franz claims there is not.Who wins, and WHY?(I don't need both sides, just the result.)