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355.2-201 Formal requirements -- Statute of frauds.
(1)
(2)
(3)
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.
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 (10)
days after it is received.
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 (KRS 355.2-606).
Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-201, effective July 1, 1960.
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