104

LAWS OF MARYLAND

[Ch. 49

from realty is a contract for the sale of goods within
this [subtitle] TITLE if they are to be severed by the
seller but until severance a purported present sale
thereof which is not effective as a transfer of an
interest in land is effective only as a contract to sell.

(2)    A contract for the sale apart from the land of
growing crops or other things attached to realty and
capable of severance without material harm thereto but
not described in subsection (1) is a contract for the
sale of goods within this [subtitle] TITLE whether the
subject matter is to be severed by the buyer or by the
seller even though it forms part of the realty at the
time of contracting, and the parties can by
identification effect a present sale before severance.

(3)    The provisions of this section are subject to
any third party rights provided by the law relating to
realty records, and the contract for sale may be executed
and recorded as a document transferring an interest in
land and shall then constitute notice to third parties of
the buyer's rights under the contract for sale.

SUBTITLE 2. FORM, FORMATION AND READJUSTMENT OF
CONTRACT.

2—201. Formal requirements; statute of frauds.

(1)    Except as otherwise provided in this section a
contract for the sale of goods for the price of $500 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.

(2)   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) against such party unless
written notice 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) 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