Pedro, vice-president of Pedro's Constructions, contacted Darby, president of Crane Leasing, inquiring about leasing a crane for demolition work. During their telephone conversation, they agreed that Darby would lease the crane to Pedro for $5,000 per month for two months including the maximum hours per month it could be used, 178 hours per month, and the overtime rate terms beyond that use, $130.00 per hour. The leasing company drafted the lease agreement including those terms and Darby signed and delivered the signed agreement to the Pedro on January 15, 2021.

When Pedro received the signed lease agreement, Pedro telephoned Darby to discuss the terms relating to the maximum hours and the hourly overtime rate terms included in the agreement. In that discussion, they agreed on several changes to those terms. Based on the additional negotiations, Pedro changed the maximum hours term on the front of the lease document from 178 hours per month to 173 hours per month; Pedro also altered the overtime rate term on the back of the lease document from $130 per hour to $38 per hour. Pedro initialed both changes on the lease document and returned it to Darby.

Darby reviewed the alterations made by Pedro and initialed the change in the maximum hours term on the front of the lease document. She did not initial Pedro's change to the overtime rate term on the back of the lease document.

The crane was eventually delivered to the construction company and Dalia, one of Darby's operators, used it at the job site on January 16,17, and 18, 2021. On January 19, 2021, the crane suffered extensive damage during the construction project. Darby paid for the repairs and the crane was ready for use ten days later. Darby tried to get reimbursed for the repairs but Pedro refused to pay and told Darby to remove the crane from the construction site.

Even though Darby was willing to continue under the terms of the lease agreement, Darby complied and removed the crane.

Pedro refused to pay the lease rental and did not reimburse Darby for the repairs. Darby sued Pedro alleging breach of contract.

Does Darby have an enforceable contract with Pedro?