70A-2-201 - Formal requirements -- Statute of frauds.
70A-2-201. Formal requirements -- Statute of frauds.
(1) Except as otherwise provided in this section a contract for the sale of goods for theprice of $500 or more is not enforceable by way of action or defense unless there is some writingsufficient to indicate that a contract for sale has been made between the parties and signed by theparty against whom enforcement is sought or by his authorized agent or broker. A writing is notinsufficient because it omits or incorrectly states a term agreed upon but the contract is notenforceable under this paragraph beyond the quantity of goods shown in such writing.
(2) Between merchants if within a reasonable time a writing in confirmation of thecontract and sufficient against the sender is received and the party receiving it has reason to knowits contents, it satisfies the requirements of Subsection (1) against such party unless writtennotice of objection to its contents is given within 10 days after it is received.
(3) A contract which does not satisfy the requirements of Subsection (1) but which isvalid in other respects is enforceable
(a) if the goods are to be specially manufactured for the buyer and are not suitable forsale to others in the ordinary course of the seller's business and the seller, before notice ofrepudiation is received and under circumstances which reasonably indicate that the goods are forthe buyer, has made either a substantial beginning of their manufacture or commitments for theirprocurement; or
(b) if the party against whom enforcement is sought admits in his pleading, testimony orotherwise in court that a contract for sale was made, but the contract is not enforceable under thisprovision beyond the quantity of goods admitted; or
(c) with respect to goods for which payment has been made and accepted or which havebeen received and accepted (Section 70A-2-606).
Enacted by Chapter 154, 1965 General Session