Max and juli communicate by text message and juli agrees to marry max if he promises to take care of her daughter as well. his final text message reply says, "of course i will take care of her if you marry me. love you. max." juli saves the text messages as proof of his love for her. after they marry, max refuses to take care of juli's daughter. juli attempts to enforce the agreement, but max argues that it has to be in writing because it is a contract in consideration of marriage. if this ends up in court, the court likely would: