Section 45.02.201. Formal requirements; statute of frauds.

   (a) Except as otherwise provided in this section a contract for the sale of goods, including the sale or transfer of a boat or vessel, for the price of $500 or more is not enforceable by action or defense unless there is a 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 an authorized agent or broker of that party.  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 (a) of this section against the party unless written notice of objection to its contents is given within 10 days after it is received.
   (c) A contract that does not satisfy the requirements of (a) of this section but that 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 that reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement;
        (2) if the party against whom enforcement is sought admits in a pleading, in testimony, or 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 has been made and accepted or that have been received and accepted (AS 45.02.606).

Authorities

45.02.209;45.02.326;45.05.050

Notes

References

AS 45.02.209 Modification, rescission, and waiver.
AS 45.02.326 Sale on approval and sale or return; rights of creditors.
AS 45.05.050

History

(Sec. 2.201 ch 114 SLA 1962)