§ 25‑2‑201. Formal requirements; statute of frauds.
(1) Except as otherwiseprovided in this section a contract for the sale of goods for the price of fivehundred dollars ($500.00) or more is not enforceable by way of action ordefense unless there is some writing sufficient to indicate that a contract forsale has been made between the parties and signed by the party against whomenforcement is sought or by his authorized agent or broker. A writing is notinsufficient because it omits or incorrectly states a term agreed upon but thecontract is not enforceable under this paragraph beyond the quantity of goodsshown in such writing.
(2) Between merchantsif within a reasonable time a writing in confirmation of the contract andsufficient against the sender is received and the party receiving it has reasonto know its contents, it satisfies the requirements of subsection (1) againstsuch party unless written notice of objection to its contents is given withinten days after it is received.
(3) A contract whichdoes not satisfy the requirements of subsection (1) but which is valid in otherrespects is enforceable
(a) if the goods are tobe specially manufactured for the buyer and are not suitable for sale to othersin the ordinary course of the seller's business and the seller, before noticeof repudiation is received and under circumstances which reasonably indicatethat the goods are for the buyer, has made either a substantial beginning oftheir manufacture or commitments for their procurement; or
(b) if the party againstwhom enforcement is sought admits in his pleading, testimony or otherwise incourt that a contract for sale was made, but the contract is not enforceableunder this provision beyond the quantity of goods admitted; or
(c) with respect togoods for which payment has been made and accepted or which have been receivedand accepted (G.S. 25‑2‑606). (1965, c. 700, s. 1.)
§ 25‑2‑201. Formal requirements; statute of frauds.
(1) Except as otherwiseprovided in this section a contract for the sale of goods for the price of fivehundred dollars ($500.00) or more is not enforceable by way of action ordefense unless there is some writing sufficient to indicate that a contract forsale has been made between the parties and signed by the party against whomenforcement is sought or by his authorized agent or broker. A writing is notinsufficient because it omits or incorrectly states a term agreed upon but thecontract is not enforceable under this paragraph beyond the quantity of goodsshown in such writing.
(2) Between merchantsif within a reasonable time a writing in confirmation of the contract andsufficient against the sender is received and the party receiving it has reasonto know its contents, it satisfies the requirements of subsection (1) againstsuch party unless written notice of objection to its contents is given withinten days after it is received.
(3) A contract whichdoes not satisfy the requirements of subsection (1) but which is valid in otherrespects is enforceable
(a) if the goods are tobe specially manufactured for the buyer and are not suitable for sale to othersin the ordinary course of the seller's business and the seller, before noticeof repudiation is received and under circumstances which reasonably indicatethat the goods are for the buyer, has made either a substantial beginning oftheir manufacture or commitments for their procurement; or
(b) if the party againstwhom enforcement is sought admits in his pleading, testimony or otherwise incourt that a contract for sale was made, but the contract is not enforceableunder this provision beyond the quantity of goods admitted; or
(c) with respect togoods for which payment has been made and accepted or which have been receivedand accepted (G.S. 25‑2‑606). (1965, c. 700, s. 1.)
§ 25‑2‑201. Formal requirements; statute of frauds.
(1) Except as otherwiseprovided in this section a contract for the sale of goods for the price of fivehundred dollars ($500.00) or more is not enforceable by way of action ordefense unless there is some writing sufficient to indicate that a contract forsale has been made between the parties and signed by the party against whomenforcement is sought or by his authorized agent or broker. A writing is notinsufficient because it omits or incorrectly states a term agreed upon but thecontract is not enforceable under this paragraph beyond the quantity of goodsshown in such writing.
(2) Between merchantsif within a reasonable time a writing in confirmation of the contract andsufficient against the sender is received and the party receiving it has reasonto know its contents, it satisfies the requirements of subsection (1) againstsuch party unless written notice of objection to its contents is given withinten days after it is received.
(3) A contract whichdoes not satisfy the requirements of subsection (1) but which is valid in otherrespects is enforceable
(a) if the goods are tobe specially manufactured for the buyer and are not suitable for sale to othersin the ordinary course of the seller's business and the seller, before noticeof repudiation is received and under circumstances which reasonably indicatethat the goods are for the buyer, has made either a substantial beginning oftheir manufacture or commitments for their procurement; or
(b) if the party againstwhom enforcement is sought admits in his pleading, testimony or otherwise incourt that a contract for sale was made, but the contract is not enforceableunder this provision beyond the quantity of goods admitted; or
(c) with respect togoods for which payment has been made and accepted or which have been receivedand accepted (G.S. 25‑2‑606). (1965, c. 700, s. 1.)
