MARVIN MANDEL, Governor 105
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 (§ 2—606).
2—202. Final written expression; parole or extrinsic
evidence.
Terms with respect to which the confirmatory
memoranda of the parties agree or which are otherwise set
forth in a writing intended by the parties as a final
expression of their agreement with respect to such terns
as are included therein may not be contradicted by
evidence of any prior agreement or of a contemporaneous
oral agreement but may be explained or supplemented
(a) By course of dealing or usage of trade (§
1—205) or by course of performance (§ 2—208); and
(b) By evidence of consistent additional
terms unless the court finds the writing to have been
intended also as a complete and exclusive statement of
the terms of the agreement.
2—203. Seals inoperative.
The affixing of a seal to a writing evidencing a
contract for sale or an offer to buy or sell goods does
not constitute the writing a sealed instrument and the
law with respect to sealed instruments does not apply to
such a contract or offer.
2—204. Formation in general.
(1) A contract for sale of goods may be made in any
manner sufficient to show agreement, including conduct by
both parties which recognizes the existence of such a
contract.
(2) An agreement sufficient to constitute a
contract for sale may be found even though the moment of
its making is undetermined.
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