47-2201. Formal requirements; statute of
frauds
A. Except as otherwise provided in this section, a contract for the sale of goods
for the price of five hundred dollars 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
subsection beyond the quantity of goods shown in such writing.
B. 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 A of this
section against such party unless written notice of objection to its contents is given
within ten days after it is received.
C. A contract which does not satisfy the requirements of subsection A of this
section but which is valid in other respects is enforceable:
1. 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
2. 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
3. With respect to goods for which payment had been made and accepted or which have
been received and accepted (section 47-2606).
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