Reference no: EM131470601

Question: Statute of Frauds. Quality Pork International is a Nebraska firm that makes and sells custom pork products. Rupari Food Services, Inc., buys and sells food products from and to retail operations and food brokers. In November 1999, Midwest Brokerage arranged an oral contract between Quality and Rupari, under which Quality would ship three orders to Star Food Processing, Inc., and Rupari would pay for the products. Quality shipped the goods to Star and sent invoices to Rupari.

In turn, Rupari billed Star for all three orders but paid Quality only for the first two (for $43,736.84 and $47,467.80, respectively), not for the third. Quality filed a suit in a Nebraska state court against Rupari, alleging breach of contract, to recover $44,051.98, the cost of the third order. Rupari argued that there was nothing in writing, as required by the Uniform Commercial Code (UCC) Section 2-201, and thus there was no enforceable contract. What are the exceptions to the UCC's writing requirement? Do any of those exceptions apply here? Explain. [Quality Pork International v. Rupari Food Services, Inc., 267 Neb. 474, 675 N.W.2d 642 (2004)]