Okla. Stat. tit. 12A § 2-204

Current through Laws 2024, c. 279.

Section 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.

Okla. Stat. tit. 12A, § 2-204

Laws 1961, p. 77, § 2-204.

Oklahoma Code Comment

(1) This statement appears consistent with previous Oklahoma law, although the rule on the formation of contracts has not been stated in this manner. Queen Ann Candy Co. v. Eagle, 184 Okl. 519, 88 P.2d 630 (1939); Foster v. West Pub. Co., 77 Okl. 114, 186 P. 1083 (1920); 15 O.S. §§ 152, 154, 155, 159-161, 163, 165, 171.

(2) There are no previous Oklahoma decisions.

(3) The Oklahoma courts have not previously required absolute certainty in all respects to grant relief. The agreement has been held sufficiently certain if the court could determine the intention of the parties. Webb v. Moran, 186 Okl. 140, 96 P.2d 308 (1939); Harlow Pub. Co. v. Patrick, 181 Okl. 83, 72 P.2d 511 (1937). Certain "gap" filling techniques were used, such as inferring reasonable time and place. 15 O.S. §§ 171, 173. Also, if the price was not stated, the courts inferred "reasonable price." Wilkins v. Jackson, 100 Okl. 143, 227 P. 882 (1924). Since the Oklahoma courts have previously been liberal in considering all the circumstances, and searching for the intention of the parties in enforcing an agreement, it does not appear that this section materially changes Oklahoma law. See also comment under Section 2-305 hereof.