§ 4-2-201 — Formal requirements - statute of frauds

Colorado § 4-2-201

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Sales

Text

(1) Except as otherwise
provided in this section, a contract for the sale of goods for the price of five
hundred dollars or more is not enforceable by way of action or defense unless there
is a record 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 the
party's authorized agent or broker. A record is not insufficient because it omits or
incorrectly states a term agreed upon, but the contract is not enforceable under
this subsection (1) beyond the quantity of goods shown in the record.

(2) Between merchants, if within a reasonable time a record 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 section against the party unless notice in a record of objection to its contents is
given within ten days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) of
this section 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 (section 4-2-606).

Legislative History

Source: L. 65: p. 1302, � 1. C.R.S. 1963: � 155-2-201. L. 2023: (1) and (2) amended, (SB 23-090), ch.136, p. 527, � 7, effective August 7.