(1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller, but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale. Effective: July 1, 1987 History: Amended 1986, Ky. Acts ch. 118. sec. 4, effective July 1, 1987. -- Created 1958 Ky. Acts ch. 77, sec. 2-107, effective July 1, 1960.
Notes of Decisions
A & a Mech., Inc. v. Thermal Equip. Sales, Inc., 998 S.W.2d 505 (Ky. Ct. App. 1999).
““Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (KRS 355.2-107). "Sale” and "Contract for sale” are defined in KRS 355.”
Collins v. Kentucky Lottery Corp., 399 S.W.3d 449 (Ky. Ct. App. 2012).
“2-105, which provides as follows: (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) and things in…”
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992).
· cites it 2× “The trial court determined the 1978 coal supply agreement was a contract for the sale of goods and consequently, that KRS 355.2-107(1) and Article 2 of the Uniform Commercial Code (UCC) applied.”
Barnes v. Cmty. Trust Bank, 121 S.W.3d 520 (Ky. Ct. App. 2003).
““Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (KRS 355.2-107). A Toyota truck is a thing which is movable at the time of identification to the…”
Son v. Coal Equity, Inc., 293 B.R. 392 (W.D. Ky. 2003).
· cites it 3× “Both LG & E and CRI look to KRS 355.2-107(1) concerning goods to be severed from realty to conclude that the coal under this contract is “goods.”
— Ky. Rev. Stat. § 355.2-107(1) — 2 cases
Kentucky Utils. Co. v. South East Coal Co., 836 S.W.2d 392 (Ky. 1992).
“The trial court determined the 1978 coal supply agreement was a contract for the sale of goods and consequently, that KRS 355.2-107(1) and Article 2 of the Uniform Commercial Code (UCC) applied.”
Son v. Coal Equity, Inc., 293 B.R. 392 (W.D. Ky. 2003).
“Both LG & E and CRI look to KRS 355.2-107(1) concerning goods to be severed from realty to conclude that the coal under this contract is “goods.”
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.