400.2-201. Formal requirements--statute of frauds. - Missouri Statutes

Formal requirements--statute of frauds.

400.2-201. (1) Except as otherwise provided in this sectiona contract for the sale of goods for the price of five hundreddollars or more is not enforceable by way of action or defenseunless there is some writing sufficient to indicate that acontract for sale has been made between the parties and signed bythe party against whom enforcement is sought or by his authorizedagent or broker. A writing is not insufficient because it omitsor incorrectly states a term agreed upon but the contract is notenforceable under this paragraph beyond the quantity of goodsshown in such writing.

(2) Between merchants if within a reasonable time a writingin confirmation of the contract and sufficient against the senderis received and the party receiving it has reason to know itscontents, it satisfies the requirements of subsection (1)against such party unless written notice of objection to itscontents is given within ten days after it is received.

(3) A contract which does not satisfy the requirements ofsubsection (1) but which is valid in other respects isenforceable

(a) if the goods are to be specially manufactured for thebuyer and are not suitable for sale to others in the ordinarycourse of the seller's business and the seller, before notice ofrepudiation is received and under circumstances which reasonablyindicate that the goods are for the buyer, has made either asubstantial beginning of their manufacture or commitments fortheir procurement; or

(b) if the party against whom enforcement is sought admitsin his pleading, testimony or otherwise in court that a contractfor 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 madeand accepted or which have been received and accepted (section400.2-606).

(L. 1963 p. 503 § 2-201)