Sec. 42a-2-204. Formation in general.
Sec. 42a-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.
(1959, P.A. 133, S. 2-204.)
Annotations to former statutes (1958 Rev., S. 42-1, 42-3):
Under lease of mill, contract as to grain held to be one of bailment, not of sale. 70 C. 738. Contract held to be one of
consignment, though goods could be sold at less price than that fixed in contract. 71 C. 157. Sale of building to be removed
as sale of personalty. 88 C. 1. Act is declaratory of common law; furnishing food by restaurant or hotel keeper not a sale.
Id., 314; 117 C. 131. Sale implies ownership in thing sold and transfer of that ownership to another. 92 C. 38; 100 C. 45.
Company controlling flow of water held not to own water. 92 C. 38. Contract inferred from conduct. 97 C. 487; 99 C. 149;
102 C. 547. Cited. 99 C. 149. Distinction between sale and consignment. 102 C. 39.