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VARNELL v. HENRY M. MILGROM, INC.

No. 857SC399.

337 S.E.2d 616 (1985)

W. C. VARNELL v. HENRY M. MILGROM, INC., a North Carolina Corporation and Billy Morgan.

Court of Appeals of North Carolina.

December 17, 1985.

Attorney(s) appearing for the Case

Aycock, Harper, Simmons & Woodard by Edward B. Simmons, Tarboro, for plaintiff.

Parker and Parker by Rom B. Parker, Jr., Enfield, for defendants.

EAGLES, Judge.

The Statute of Frauds, G.S. 25-2-201, provides that contracts for the sale of goods for the price of $500 or more are not enforceable unless evidenced by writing. The trial court expressly relied on G.S. 25-2-201 in denying plaintiff's claim based on the alleged oral modification. Plaintiff assigns error, arguing (1) the contract, an "output" contract, did not contain a price term and accordingly the statute did not apply and (2) defendants waived the...

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