Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.2104 (2026)

“Merchant," “financing agency,” and “between merchants” defined.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.2104 “Merchant," “financing agency,” and “between merchants” defined.

Sec. 2104.

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

    (2) "Financing agency" means a bank, finance company, or other person that in the ordinary course of business makes advances against goods or documents of title or that 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 sellers 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 that similarly intervenes between persons that are in the position of seller and buyer in respect to the goods under section 2707.

    (3) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2012, Act 87, Eff. July 1, 2013

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1981–2021 · leading case: First of Am. Bank v. Thompson, 552 N.W.2d 516 (Mich. Ct. App. 1996).
Sort: Relevance Newest Treatment
First of Am. Bank v. Thompson, 552 N.W.2d 516 (Mich. Ct. App. 1996). “” “Financing agency” is defined in Article 2, MCL 440.2104(2); MSA 19.2104(2), as 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…”
Pack v. Damon Corp., 320 F. Supp. 2d 545 (E.D. Mich. 2004). “§ 440.2104 (Count II), revocation of acceptance pursuant to M.”
Stachurski v. K Mart Corp., 447 N.W.2d 830 (Mich. Ct. App. 1989). · cites it 2× “See MCL 440.2104; MSA 19.2104. This assertion is contrary to the evidence presented by plaintiffs.”
Scott v. Hurd-Corrigan Moving & Storage Co, Inc, 302 N.W.2d 867 (Mich. Ct. App. 1981). “” MCL 440.2104(1); MSA 19.2104(1). The requirements under UCC § 7-210(1) are relatively flexible since they are based on the overriding standard that the enforcement be "commercially reasonable”.”
Arthur Glick Truck Sales, Inc. v. Stuphen East Corp., 914 F. Supp. 2d 529 (S.D.N.Y. 2012). “" Mich. Comp. Laws Ann. § 440.2104 (1); N.Y.”
Skyline Steel Corp. v. A.J. Dupuis Co., 648 F. Supp. 360 (E.D. Mich. 1986). · cites it 2× “§ 440.2104(1). Skyline, as the seller of the sheet piling at issue, affirmatively acknowledges its status as a merchant.”
Sedger v. Kinnco, Inc, 441 N.W.2d 5 (Mich. Ct. App. 1988). “In particular, the trial court did not explicitly make findings either regarding defendant’s status as a merchant or nonmerchant, MCL 440.2104(1); MSA 19.2104(1), or concerning whether Mr.”
US for Use of US Steel v. Const. Aggregates, 559 F. Supp. 414 (E.D. Mich. 1983). “) As reflected in Findings of Fact # 4, # 5, and # 18, both parties are merchants as defined in MCLA 440.2104. 14.) Pursuant to 2-207(2), the CAC proposal that all the large stone be provided from Rogers City, contained in the purchase order of April 21, 1976, did not become…”
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). · cites it 4× “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). · cites it 4× “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
United States v. Constr. Aggregates Corp., 559 F. Supp. 414 (E.D. Mich. 1983). “) As reflected in Findings of Fact # 4, # 5, and # 18, both parties are merchants as defined in MCLA 440.2104. 14. ) Pursuant to 2-207(2), the CAC proposal that all the large stone be provided from Rogers City, contained in the purchase order of April 21,1976, did not become…”
Cooper-Stand. Auto. Inc. v. Daikin Am., Inc. (E.D. Mich. 2021). · cites it 2× “27), and that prices of the products “are firm fixed prices for the duration of the Purchase Order 3 Mich. Comp. Laws § 440.2104 provides that a “merchant” is one “that deals in goods of the kind.”
Show all 15 citing cases →
— Mich. Comp. Laws § 440.2104(1) — 7 cases
Scott v. Hurd-Corrigan Moving & Storage Co, Inc, 302 N.W.2d 867 (Mich. Ct. App. 1981). “” MCL 440.2104(1); MSA 19.2104(1). The requirements under UCC § 7-210(1) are relatively flexible since they are based on the overriding standard that the enforcement be "commercially reasonable”.”
Skyline Steel Corp. v. A.J. Dupuis Co., 648 F. Supp. 360 (E.D. Mich. 1986). “§ 440.2104(1). Skyline, as the seller of the sheet piling at issue, affirmatively acknowledges its status as a merchant.”
Sedger v. Kinnco, Inc, 441 N.W.2d 5 (Mich. Ct. App. 1988). “In particular, the trial court did not explicitly make findings either regarding defendant’s status as a merchant or nonmerchant, MCL 440.2104(1); MSA 19.2104(1), or concerning whether Mr.”
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
— Mich. Comp. Laws § 440.2104(2) — 1 case
First of Am. Bank v. Thompson, 552 N.W.2d 516 (Mich. Ct. App. 1996). “” “Financing agency” is defined in Article 2, MCL 440.2104(2); MSA 19.2104(2), as 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…”
— Mich. Comp. Laws § 440.2104(3) — 3 cases
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
Mssc Inc v. Airboss Flexible Prods. Co (Mich. Ct. App. 2021). “2104(1) defines “merchant” as a person that deals in goods of the kind or otherwise by the person’s occupation holds itself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to which that knowledge or skill may be attributed by…”
Bev Smith, Inc. v. Atwell, 301 Mich. App. 670 (Mich. Ct. App. 2013).
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