§ 41-02-08 — (2-201) Formal requirements - Statute of frauds

North Dakota § 41-02-08

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: 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 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 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 that 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;
b. If the party against whom enforcement is sought admits in that party's 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 41-02-69).