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

Mich. Comp. Laws § 440.2105

Goods, lot, commercial unit; definitions.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.2105 Goods, lot, commercial unit; definitions.

Sec. 2105.

    (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 action. "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 (section 2107).

    (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.

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions
Cited in 29 cases (6 in the last 5 years), 1969–2025 · leading case: Heritage Resources, Inc. v. Caterpillar Financial Services Corp.
Sort: Relevance Newest Treatment
Heritage Resources, Inc. v. Caterpillar Financial Services Corp. (2009) michctapp · cites it 2× “We further hold that plaintiff may not enforce any implied warranties that accompanied the initial sale of the Gencor machine. A We begin by noting that the existence of a contract or warranty in this case must be evaluated under the terms of the Uniform Commercial Code (UCC),…”
Lorenz Supply Co. v. American Standard, Inc. (1980) michctapp · cites it 2× “MCL 440.2105(1); MSA 19.2105(1) defines goods as all things which are "movable at the time of identification to the contract for sale”.”
In Re Plastech Engineered Products, Inc. (2008) mieb · cites it 2× “Mich. Comp. Laws Ann. § 440.2105 (1)-(3).”
Sullivan Industries, Inc. v. Double Seal Glass Co. (1991) michctapp “” MCL 440.2105(1); MSA 19.2105(1). In this case, the igus purchased by Sullivan were movable at the time of identification to the *345 sales contract and, therefore, are goods within the meaning of the ucc.”
Radina v. Wieland Sales, Inc. (2012) michctapp · cites it 2× “Defendant relies on the definition of “goods” found in MCL 440.2105(1) 1 of Michigan’s Uniform Commercial Code (UCC) and, specifically, that definition’s reference to a contract for “sale” to support its argument that the vehicles that were the subject of the leases were not…”
Klapp v. United Insurance Group Agency, Inc. (2004) michctapp “[MCL 440.2105(1).] In Williams v Detroit Edison Co, 63 Mich App 559, 564 ; 234 NW2d 702 (1975), our Court held that article two of the ucc did not apply to the sale of electricity because electricity was a service, not a good: At the outset of our discussion, we note that the…”
Barron v. Edwards (1973) michctapp · cites it 3× “” Although these provisions do not specifically state what is to be included within the meaning of growing crops, the Official Comment to 2-105 of the Uniform Commercial Code (MCLA 440.2105; MSA 19.2105), contains the following statement: "Growing crops are included within .”
Walter Toebe & Co. v. Receiver of F Yeager Bridge & Culvert Co. (1986) michctapp “, the sale of structural steel at a certain quantity and price, and thus come under MCL 440.2105; MSA 19.2105, and *401 MCL 440.”
Groth v. Stillson (1969) michctapp · cites it 2× “See also MCLA § 440.2105 (Stat Ann 1964 Rev § 19.2105).”
Ladd v. Ford Consumer Finance Co., Inc. (1996) michctapp “MCL 440.2105(1); MSA 19.2105(1). 4 After the Jerry decision, the Legislature repealed the wtca in 1995 PA 58 , Part 803 and recodified the act with minor changes in MCL 324.”
H. Hirschfield Sons, Co. v. Colt Industries Operating Corp. (1981) michctapp “” MCL 440.2105(1); MSA 19.2105(1). The Stephenson Court held that while the sale of the modular home was covered by the UCC, "[t]he part of the contract relating to the construction of the foundation and installation of the septic system, however, does not fall within the…”
Buckeye Union Fire Insurance v. Detroit Edison Co. (1972) michctapp “Until that time, the electricity, when passing along the company’s lines, is still under the control of the manufacturer.”
Show all 29 citing cases →
— Mich. Comp. Laws § 440.2105(1) — 19 cases
Heritage Resources, Inc. v. Caterpillar Financial Services Corp. (2009) michctapp “We further hold that plaintiff may not enforce any implied warranties that accompanied the initial sale of the Gencor machine. A We begin by noting that the existence of a contract or warranty in this case must be evaluated under the terms of the Uniform Commercial Code (UCC),…”
Sullivan Industries, Inc. v. Double Seal Glass Co. (1991) michctapp “” MCL 440.2105(1); MSA 19.2105(1). In this case, the igus purchased by Sullivan were movable at the time of identification to the *345 sales contract and, therefore, are goods within the meaning of the ucc.”
Radina v. Wieland Sales, Inc. (2012) michctapp “Defendant relies on the definition of “goods” found in MCL 440.2105(1) 1 of Michigan’s Uniform Commercial Code (UCC) and, specifically, that definition’s reference to a contract for “sale” to support its argument that the vehicles that were the subject of the leases were not…”
Lorenz Supply Co. v. American Standard, Inc. (1980) michctapp “MCL 440.2105(1); MSA 19.2105(1) defines goods as all things which are "movable at the time of identification to the contract for sale”.”
Klapp v. United Insurance Group Agency, Inc. (2004) michctapp “[MCL 440.2105(1).] In Williams v Detroit Edison Co, 63 Mich App 559, 564 ; 234 NW2d 702 (1975), our Court held that article two of the ucc did not apply to the sale of electricity because electricity was a service, not a good: At the outset of our discussion, we note that the…”
— Mich. Comp. Laws § 440.2105(2) — 1 case
Lorenz Supply Co. v. American Standard, Inc. (1980) michctapp “MCL 440.2105(1); MSA 19.2105(1) defines goods as all things which are "movable at the time of identification to the contract for sale”.”
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.