Varnell v. Henry M. Milgrom, Inc.

EAGLES, Judge.

The Statute of Frauds, G.S. 25-2-201, provides that contracts for the sale of goods for the price of $500 or more are not enforceable unless evidenced by writing. The trial court expressly relied on G.S. 25-2-201 in denying plaintiffs claim based on the alleged oral modification. Plaintiff assigns error, arguing (1) the contract, an “output” contract, did not contain a price term and accordingly the statute did not apply and (2) defendants waived the statute by entering into the oral agreement.

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Whether an output contract, see G.S. 25-2-306, is governed by G.S. 25-2-201 appears…