Nebraska Uniform Commercial Code 2-204

UCC 2-204

2-204.

Formation in general.

(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.

(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.

(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.

Source

  • Laws 1963, c. 544, Art. II, § 2-204, p. 1713.

Annotations

  • The parties' conduct indicated that a contract existed when the offeror made an oral offer which was later confirmed in a written proposal, submitted information and shop drawings to the offeree, corresponded several times with the offeree about variance approval, and visited the offeree's office almost 5 months after the alleged agreement was made. A contract does not fail for indefiniteness if the parties' conduct indicated that the parties intended to make a contract and the offer letter satisfied the quantity requirement of the U.C.C. Nebraska Builders Prod. Co. v. Industrial Erectors, 239 Neb. 744, 478 N.W.2d 257 (1992).

  • A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct of parties which recognizes its existence. Crane Co. v. Roberts Supply Co., 196 Neb. 67, 241 N.W.2d 516 (1976).