Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact presumed unless and until evidence is introduced that supports a finding of its nonexistence.
(Code 1933, § 109A-1 - 206, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1998, p. 1323, § 16; Ga. L. 2015, p. 996, § 3A-1/SB 65.)
The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "(1) Except in the cases described in subsection (2) of this Code section a contract for the sale of personal property is not enforceable by way of action or defense beyond $5,000.00 in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.
"(2) Subsection (1) of this Code section does not apply to contracts for the sale of goods (Code Section 11-2-201) nor of securities (Code Section 11-8-113) nor to security agreements (Code Section 11-9-203)."
Cross references.- Statute of frauds generally, § 13-5-30 et seq.
JUDICIAL DECISIONS
A school tuition payment is a payment for services rather than for the purchase of personal property. The inclusion of such incidental items as uniforms, lockers, books, etc. in the tuition fee clearly would not reduce the essential character of the transaction to a sale of personal property. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143 (1990).
Effect of performance by a party.
- The statute of frauds does not bar enforcement of a contract which has been fully performed on one side. Bishop v. Westminster Schools, Inc., 196 Ga. App. 891, 397 S.E.2d 143 (1990).
Cited in L.M. Berry & Co. v. Blackmon, 129 Ga. App. 347, 199 S.E.2d 610 (1973).
RESEARCH REFERENCES
Am. Jur. 2d.
- 72 Am. Jur. 2d, Statute of Frauds, §§ 110, 111.
C.J.S.- 77A C.J.S., Sales, § 68 et seq.
U.L.A.- Uniform Commercial Code (U.L.A.) § 1-206.
ALR.
- Oral contract to enter into written contract as within statute of frauds, 58 A.L.R. 1015.
Statute of frauds: sufficiency of identification of vendor or purchaser in memorandum, 70 A.L.R. 196.
Who must sign and form of signature, in case of partnership, in order to comply with statute of frauds, 114 A.L.R. 1005.
Terms "bags," "bales," "cars," or other terms indefinite as to quantity or weight, as satisfying statute of frauds, 129 A.L.R. 1230.
Contract to fill in land as one for sale of goods within statute of frauds, 161 A.L.R. 1158.
Statute of frauds: validity of lease or sublease subscribed by one of the parties only, 46 A.L.R.3d 619.
Construction and application of statute of frauds provision under UCC § 1-206 governing personal property not otherwise covered, 62 A.L.R.5th 137.