(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 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 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 sectionbut which is valid in other respects is enforceable:
If the goods are to be specially manufactured for the buyer and are not suitable forsale 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, orotherwise 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 havebeen received and accepted (section 4-2-606).
Source: L. 65: p. 1302, § 1. C.R.S. 1963: § 155-2-201.
Cross references: For what constitutes acceptance of goods, see § 4-2-606.