In 2012, Mary purchased five (5) acres of land in Lakeland, Florida, including a house, upon which Florida Southem Railroad had an easement Many years a had built massive hills, or berms, upon which it laid tracks so that the State could build a bridge to cross a main road. Starting in 2013, Florida Southern RR rescinded the easement and began removing the tracks leaving the berms - mounds of dirt that extended the length of the property as high as the two-ston? house. In January, 2020, Mary was approached by Joe Smith, owner of Joe Smith's Trucking. Inc. a Florida excavation company, about removing the dirt hills and berms. (He had a contract to supply fill for land with a local town), During a meeting at a diner in Winter Haven, Joe offered to remove the dirt and pay Mary royalty of $5 per truckload and she agreed. In addition, he promised to landscape the property once the dirt was removed by leveling it, spreading topsoil and planting grass. They shook hands on the deal but did not sign a written contract. In February, 2020, Joe's company commenced work and started hauling truckloads of the dirt off the property. However, Mary did not keep count as to the number of truckloads of dirt removed as Joe assured her he would do so. Joe's company finished removing the dirt by the end of January, 2021. In August 2021, he completed the landscaping work. In June 2022. Mary called Joe demanding payment for the dirt he had removed. Joe told her during this call that he had removed 800 truchlosds and owed her $4000, but did not have the money as he had been audited by the IRS and had to pay them. Mary bellived that at least 80,000 truckloads of dirt had been removed and he owed her $40,000 or more. Joe told her she was not getting a cent, now or ever, and hung op on her. Did Mary and Smith enter into a valid contract? Wly or why not?