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C. G. CAMPBELL & SON, INC. v. COMDEQ CORP.

586 S.W.2d 40 (1979)

C. G. CAMPBELL & SON, INC., Appellant, v. COMDEQ CORPORATION, d/b/a Kentucky Food Service Equipment Division, Appellee.

Court of Appeals of Kentucky.

As Modified August 24, 1979.

Attorney(s) appearing for the Case

William A. Buckaway, Jr., Tilford, Dobbins, Caye & Alexander, Louisville, for appellant.

Martin R. Snyder, Taustine, Post, Berman, Fineman & Kohn, Louisville, for appellee.

Before HOGGE, REYNOLDS and VANCE, JJ.

VANCE, Judge.

The question presented is whether an exception, based upon equitable considerations, should be permitted to the strict enforcement of the requirement of a written document contained in K.R.S. 355.2-201 of the Uniform Commercial Code. It provides as follows:

(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500.00 or more is not enforceable by way of action or defense unless there is some writing...

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