This section contains the nature of the case and procedural background.

Stewart, P's agent, alleges that he placed the Agreement in his facsimile machine, dialed the number for Nicholson, D's agent, pushed the button to start the facsimile, and then went on an errand. The facsimile did not provide any verification that a facsimile was being transmitted and/or that such facsimile was received. There are no phone records relative to the alleged transmission of the facsimile transmission by Stewart. Stewart then received a phone call from Nicholson indicating that D did not wish to sell the property nor enter into a contract with P. P sued.

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