In response to previous texted contracts, Achter had responded with messages that included “looks good,” “OK” and “Yup.” Achter delivered on all those contracts. Keene noted that Mickleborough said he had worked with Chris Achter since about 2015. In such circumstances he insists on an “act of God” clause so he won’t be bound to deliver grain he can’t produce due to hail, drought or other circumstances outside his control. Mickleborough included the message, “Please confirm flax contract.” Achter responded with the emoji.Īchter never delivered the flax, which had risen to a price of $41 a bushel at the end of November 2021.Īchter says he would never have agreed to the contract because he did not have the grain on hand when it was signed. Mickleborough signed the contract, took a photo of it and texted it to Achter’s cellphone number in March 2021. Publications with coverage include the Canadian Lawyer, CNN Business, the New York Times and the Washington Post.Ī South West Terminal representative, Kent Mickleborough, had drafted a contract for Achter to sell flax to the company in November 2021 at the price of $17 a bushel. Keene ordered Achter to pay the grain buyer, South West Terminal, $82,200 in Canadian dollars for breach of contract. Achter had argued his thumbs-up emoji merely indicated he had received the contract, not that he agreed to its terms. Keene of Saskatchewan ruled against farmer Chris Achter in a June 8 opinion.
A Canadian judge has ruled a farmer’s thumbs-up emoji constituted approval of a contract texted to him by a grain buyer.