Under the Statute of Frauds, a signed written acknowledgment from the seller that lists quantity and style but omits price, and is received by the buyer who remains silent, followed by shipment two weeks later, raises which outcome about enforceability of the contract?

• A. Yes, the contract is enforceable despite the price not being stated.
• B. Yes, because the writing is signed by the party to be charged and indicates quantity.
• C. No, because the owner failed to respond promptly to the signed acknowledgment.
• D. No, because the contract lacks a price clause.

Answer: (C)

The main idea is that enforceability under the Statute of Frauds hinges on mutual assent, not just a signed writing. For goods, a signed writing can satisfy the writing requirement even if the price isn’t stated, as long as it shows an intent to contract and identifies quantity. But there must be acceptance or clear assent to form a contract. Silence by the buyer in response to the seller’s signed acknowledgment does not count as acceptance. Because the buyer did not respond promptly, there’s no timely acceptance, so no binding contract is formed, even though the seller later shipped the goods. The shipment doesn’t cure the lack of assent.