MARVIN MANDEL, Governor

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basis of understanding for interpreting their expressions
and other conduct.

(2)    A usage of trade is any practice or method of
dealing having such regularity of observance in a place,
vocation or trade as to justify an expectation that it
will be observed with respect to the transaction in
question. The existence and scope of such a usage are
to be proved as facts. If it is established that such a
usage is embodied in a written trade code or similar
writing the interpretation of the writing is for the
court.

(3)   A course of dealing between parties and any
usage of trade in the vocation or trade in which they are
engaged or of which they are or should be aware give
particular meaning to and supplement or qualify terms of
an agreement.

(4)    The express terms of an agreement and an
applicable course of dealing or usage of trade shall be
construed wherever reasonable as consistent with each
other; but when such construction is unreasonable express
terms control both course of dealing and usage of trade
and coarse of dealing controls usage of trade.

(5)   in applicable usage of trade in the place where
any part of performance is to occur shall be used in
interpreting the agreement as to that part of the
performance.

(6)    Evidence of a relevant usage of trade offered
by one party is not admissible unless and until he has
given the other party such notice as the court finds
sufficient to prevent unfair surprise to the latter.

1—206. Statute of frauds for kinds of personal property
not otherwise covered.

(1)   Except in the cases described in subsection (2)
of this section a contract for the sale of personal
property is not enforceable by way of action or defense
beyond five thousand dollars ($5000) 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 section does not apply
to contracts for the sale of goods (§ 2—201) nor of
securities (§ 8—319) nor to security agreements (§
9-203) .