Cudahy Foods Company v. Holloway

MARTIN (Harry C.), Judge.

The sale in question brings the case within the statute of frauds provision of the Uniform Commercial Code, which reads in pertinent part:(1) Except as otherwise provided in this section a contract for the sale of goods for the price of five hundred dollars ($500.00) 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.

N.C. Gen. Stat. § 25-2-201(1) (1965).

Plaintif…