HOUSE BILL No. 5527


     March 21, 2000, Introduced by Reps. Koetje, Jelinek, Toy, Birkholz, Bishop, Vear, Law, Pappageorge and Patterson and
referred to the Committee on Family and Civil Law.


        A bill to amend 1962 PA 174, entitled

   "Uniform commercial code,"

   by amending section 2201 (MCL 440.2201).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 2201.  (1) Except as otherwise provided in this

 2
      section, a contract for the sale of goods for the price of

 3
       $500.00  $1,000.00 or more is not enforceable by way of action

 4
      or defense unless there is  some  A writing sufficient to indi-

 5
      cate that a contract for sale has been made between the parties

 6
      and signed by the party against whom enforcement is sought or by

 7
      his OR HER authorized agent or broker.  A writing is not insuffi-

 8
      cient because it omits or incorrectly states a term agreed upon

 9
      but the contract is not enforceable under this  paragraph 

10
      SUBSECTION beyond the quantity of goods shown in  such  THE

11
      writing.


   04728'99                                                 LTB
                                              2

 1
           (2) Between merchants, if within a reasonable time a writing

 2
      in confirmation of the contract and sufficient against the sender

 3
      is received and the party receiving it has reason to know its

 4
      contents, it satisfies the requirements of subsection (1) against

 5
       such  THE party unless written notice of objection to its con-

 6
      tents is given within 10 days after it is received.

 7
           (3) A contract  which  THAT does not satisfy the require-

 8
      ments of subsection (1) but  which  is valid in other respects is

 9
      enforceable IN ANY OF THE FOLLOWING CIRCUMSTANCES:

10
           (a)  if  IF the goods are to be specially manufactured for

11
      the buyer and are not suitable for sale to others in the ordinary

12
      course of the seller's business and the seller, before notice of

13
      repudiation is received and under circumstances  which  THAT rea-

14
      sonably indicate that the goods are for the buyer, has made

15
      either a substantial beginning of their manufacture or commit-

16
      ments for their procurement.  ; or 

17
           (b)  if  IF the party against whom enforcement is sought

18
      admits in his OR HER pleading  ,  OR testimony or otherwise in

19
      court that a contract for sale was made, but the contract is not

20
      enforceable under this  provision  SECTION beyond the quantity of

21
      goods admitted.  ; or 

22
           (c)  with  WITH respect to goods for which payment has been

23
      made and accepted or  which  THAT have been received and accepted

24
       (section 2606)  UNDER SECTION 2606.









   04728'99          Final page.                            LTB