Title 11, Chapter 2, Section 105
( 11-2-105)
Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit." (1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8 of this title), and things in action. "Goods" also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the Code section on goods to be severed from realty (Code Section 11-2-107). (2) Goods must be both existing and identified before any interest
in them can pass. Goods which are not both existing and identified
are "future" goods. A purported present sale of future goods or of
any interest therein operates as a contract to sell. (3) There may be a sale of a part interest in existing identified
goods. (4) An undivided share in an identified bulk of fungible goods is
sufficiently identified to be sold although the quantity of the bulk
is not determined. Any agreed proportion of such a bulk or any
quantity thereof agreed upon by number, weight, or other measure may
to the extent of the seller's interest in the bulk be sold to the
buyer who then becomes an owner in common. (5) "Lot" means a parcel or a single article which is the subject
matter of a separate sale or delivery, whether or not it is
sufficient to perform the contract. (6) "Commercial unit" means such a unit of goods as by commercial
usage is a single whole for purposes of sale and division of which
materially impairs its character or value on the 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 or an assortment of sizes) or a
quantity (as a bale, gross, or carload) or any other unit treated in
use or in the relevant market as a single whole. |