70A-2-201. Formal requirements -- Statute of frauds.
(1) Except as otherwise provided in this section a contract for the sale of goods for the
price of $500 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) 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) 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 (Section 70A-2-606).
Enacted by Chapter 154, 1965 General Session
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Last revised: Thursday, May 28, 2009