400.2-105. Definitions--transferability--"goods"--"future" goods--"lot"--"commercial unit". - Missouri Statutes

Definitions--transferability--"goods"--"future"goods--"lot"--"commercial unit".

400.2-105. (1) "Goods" means all things (includingspecially manufactured goods) which are movable at the time ofidentification to the contract for sale other than the money inwhich the price is to be paid, investment securities (article 8)and things in action. "Goods" also includes the unborn young ofanimals and growing crops and other identified things attached torealty as described in the section on goods to be severed fromrealty (section 400.2-107).

(2) Goods must be both existing and identified before anyinterest in them can pass. Goods which are not both existing andidentified are "future" goods. A purported present sale offuture goods or of any interest therein operates as a contract tosell.

(3) There may be a sale of a part interest in existingidentified goods.

(4) An undivided share in an identified bulk of fungiblegoods is sufficiently identified to be sold although the quantityof the bulk is not determined. Any agreed proportion of such abulk or any quantity thereof agreed upon by number, weight orother measure may to the extent of the seller's interest in thebulk be sold to the buyer who then becomes an owner in common.

(5) "Lot" means a parcel or a single article which is thesubject matter of a separate sale or delivery, whether or not itis sufficient to perform the contract.

(6) "Commercial unit" means such a unit of goods as bycommercial usage is a single whole for purposes of sale anddivision of which materially impairs its character or value onthe market or in use. A commercial unit may be a single article(as a machine) or a set of articles (as a suite of furniture oran assortment of sizes) or a quantity (as a bale, gross, orcarload) or any other unit treated in use or in the relevantmarket as a single whole.

(L. 1963 p. 503 § 2-105)

(1979) Sale of used or second-hand goods is covered by provisions of the Uniform Commercial Code and an implied warranty of merchantability may arise. Worthey, et al. v. Specialty Form Products, Inc. (A.), 591 S.W.2d 145.