Jem Patents, Inc. v. Frost

Banke, Judge.

The plaintiff, Jem Patents, Inc., sued to collect the purchase price of merchandise which it had shipped to the defendant, Jack Frost, under an alleged sale contract. Both parties are merchants as defined in the UCC Code Ann. § 109A-2 — 104 (1). The price of the goods was over $500, making the contract subject to the UCC statute of frauds. Code Ann. § 109A-2 — 201 (Ga. L. 1962, pp. 156, 176).

The defendant did not place a written order for the goods. They were delivered to him in response to what the plaintiffs president maintained was a verbal order and were accompanied by…