Kentucky Revised Statutes

Ky. Rev. Stat. § 355.2-104 (2026)

Definitions: "merchant" -- "Between merchants" -- "Financing agency."

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.

(2) "Financing agency" means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (KRS 355.2-707).

(3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 132, sec. 46, effective July 12, 2012. -- Created 1958 Ky. Acts ch. 77, sec. 2-104, effective July 1, 1960.

Notes of Decisions
Cited in 2 cases, 1987–2020 · leading case: Home Lumber Co. v. Appalachian Reg'l Hospitals, Inc., 722 S.W.2d 912 (Ky. Ct. App. 1987).
Home Lumber Co. v. Appalachian Reg'l Hospitals, Inc., 722 S.W.2d 912 (Ky. Ct. App. 1987). “KRS 355.2-104(1). The purchase order was sufficient against Rentenbach since it indicated that a contract for a sale of goods was made, it was signed by a representative of Renten-bach and it contained a quantity term.”
Brass Reminders Co., Inc. v. RT Eng'g Corp. (E.D. Ky. 2020). · cites it 2× “” KRS § 355.2-104(1). RT deals in goods of the kind involved in this contract (automated machines like the decal packaging machine).”
— Ky. Rev. Stat. § 355.2-104(1) — 2 cases
Home Lumber Co. v. Appalachian Reg'l Hospitals, Inc., 722 S.W.2d 912 (Ky. Ct. App. 1987). “KRS 355.2-104(1). The purchase order was sufficient against Rentenbach since it indicated that a contract for a sale of goods was made, it was signed by a representative of Renten-bach and it contained a quantity term.”
Brass Reminders Co., Inc. v. RT Eng'g Corp. (E.D. Ky. 2020). “” KRS § 355.2-104(1). RT deals in goods of the kind involved in this contract (automated machines like the decal packaging machine).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.