Two months ago,

Jill Green, Sales Manager for Acme Bolts, &

Jack Smith, CEO of Smith Exercise Equipment,

make deal over the phone where Smith agrees to buy $15,000 worth of specially manufactured bolts to be made by Acme & picked up by Smith within 3 months.

Smith did not get any sort of writing documenting this k.

Refer to UCC section 2-201:

2-201. Formal Requirements; Statute of Frauds.

(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable

(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

(b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

(c) with respect to goods for which payment has been made and accepted or which have been received and accepted (Sec. 2-606).

Can you answer just 1 of the following questions:

(a) The morning after the phone call, Smith sent email to Acme's Sales Manager confirming their agreement by phone & no one at Acme ever responded to that email, though Green and Smith had communicated with each other several times by email to set up their phone conference. When bolts don't arrive within time agreed to, Smith suffers damages & sues Acme for breach of k. What will the court do And why? Please be sure to mention any specific UCC sections that apply.

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