Title 11, Chapter 2, Section 201
( 11-2-201)
Formal requirements; statute of frauds. (1) Except as otherwise provided in this Code section a contract for
the sale of goods for the price of $500.00 or more is not
enforceable by way of action or defense unless there is some writing
sufficient to indicate that a contract for sale has been made
between the parties and signed by the party against whom enforcement
is sought or by his authorized agent or broker. A writing is not
insufficient because it omits or incorrectly states a term agreed
upon but the contract is not enforceable 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 the contract and sufficient against the sender is
received and the party receiving it has reason to know its contents,
it satisfies the requirements of subsection (1) of this Code section
against such party unless written notice of objection to its
contents is given within ten days after it is received. (3) A contract which does not satisfy the requirements of subsection
(1) of this Code section but which is valid in other respects is
enforceable: (a) If the goods are to be specially manufactured for the buyer
and are not suitable for sale to others in the ordinary course of
the seller's business and the seller, before notice of repudiation
is received and under circumstances which reasonably indicate that
the goods are for the buyer, has made either a substantial
beginning of their manufacture or commitments for their
procurement; or (b) If the party against whom enforcement is sought admits in his
pleading, testimony, or otherwise in court that a contract for
sale was made, but the contract is not enforceable under this
provision beyond the quantity of goods admitted; or (c) With respect to goods for which payment has been made and accepted or which have been received and accepted (Code Section 11-2-606). |