8.2-201 - Formal requirements; statute of frauds. - Virginia Statutes

§ 8.2-201. Formal requirements; statute of frauds.

(1) Except as otherwise provided in this section a contract for the sale ofgoods for the price of $500 or more is not enforceable by way of action ordefense unless there is some writing sufficient to indicate that a contractfor sale has been made between the parties and signed by the party againstwhom enforcement is sought or by his authorized agent or broker. A writing isnot insufficient because it omits or incorrectly states a term agreed uponbut the contract is not enforceable under this paragraph beyond the quantityof goods shown in such writing.

(2) Between merchants if within a reasonable time a writing in confirmationof the contract and sufficient against the sender is received and the partyreceiving it has reason to know its contents, it satisfies the requirementsof subsection (1) against such party unless written notice of objection toits contents is given within ten days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) butwhich is valid in other respects is enforceable

(a) if the goods are to be specially manufactured for the buyer and are notsuitable for sale to others in the ordinary course of the seller's businessand the seller, before notice of repudiation is received and undercircumstances which reasonably indicate that the goods are for the buyer, hasmade either a substantial beginning of their manufacture or commitments fortheir 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 thecontract is not enforceable under this provision beyond the quantity of goodsadmitted; or

(c) with respect to goods for which payment has been made and accepted orwhich have been received and accepted (§ 8.2-606).

(1964, c. 219.)