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UCC 2-204 subdivision (1), provides: '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.' The parties' conduct, including their negotiating procedure, may indicate a consummated process of offer and acceptance, and thus an intent to contract. (See Steiner v. Mobil Oil Corp., supra, 20 Cal.3d at p. 106, fn. 8.).


For example, in Harlow & Jones, Inc. v. Advance Steel Co. (E.D.Mich. 1976) 424 F.Supp. 770, buyer informed seller during several phone conversations of its interest in purchasing 1,000 tons of ...