Georgia § 11-2-201 - Formal requirements; statute of frauds.

§ 11-2-201. Formal requirements; statute of frauds.

Except as otherwise provided in this Code section a contract for the sale of goods for the price of $500.00 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) of this Code section against such party unless written notice of objection to its contents is given within ten days after it is received. A contract which does not satisfy the requirements of subsection (1) of this Code section but which is valid in other respects is enforceable: 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 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 With respect to goods for which payment has been made and accepted or which have been received and accepted (Code Section 11-2-606). (Code 1933, § 109A-2 - 201, enacted by Ga. L. 1962, p. 156, § 1.) Cross references. - Statute of frauds generally, § 13-5-30 et seq. Law reviews. - For article discussing applicability of Uniform Commercial Code statute of frauds to construction contracts, see 28 Emory L.J. 335 (1979). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For article, "The Cost of Consent: Optimal Standardization in the Law of Contract," see 58 Emory L.J. 1401 (2009). For note, "The Scope and Meaning of Waiver in Section 2-209 of the Uniform Commercial Code," see 5 Ga. L. Rev. 783 (1971). For comment, "The Subcontractor's Bid: An Option Contract Arising Through Promissory Estoppel," see 34 Emory L.J. 421 (1985). For comment, "Boats Against the Current: the Courts and the Statute of Frauds," see 47 Emory L.J. 253 (1998).