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Buyer sues Seller for breach of a supply contract. Buyer offers an email from Seller stating, "I accept your offer to buy 5,000 units at $4 each." Buyer offers the email to prove that Seller accepted the offer and formed a contract. Seller objects that the email is hearsay.
How should the court rule?

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It is not hearsay if offered as legally operative words of acceptance rather than to prove the truth of an assertion. It is admissible only if the email was notarized. It is inadmissible because contract words are always irrelevant. It is hearsay unless the speaker testifies.

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