Mississippi Code

Miss. Code Ann. § 75-2-105 (2026)

Definitions: transferability; "goods"; "future" goods; "lot"; "commercial unit."

✓ current as of July 2026

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(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 (Chapter 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 2-107) [Section 75-2-107].

(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.

Codes, 1942, § 41A:2-105; Laws, 1966, ch. 316, § 2-105, eff. 3/31/1968.

Notes of Decisions

Cited in 8 cases, 1983–2016 · leading case: Howard v. CitiFinancial, Inc., 195 F. Supp. 2d 811 (S.D. Miss. 2002).

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Howard v. CitiFinancial, Inc., 195 F. Supp. 2d 811 (S.D. Miss. 2002). · cites it 2× “1985) (finding that, under the definition of “goods” adopted by Illinois, which is identical to the definition found at Miss. Code Ann. § 75-2-105 (1), life insurance contracts were not “goods” within the scope of the Uniform Commercial Code); Oxford Lumber Co.”

Bay Springs Forest Prods., Inc. v. Wade, 435 So. 2d 690 (Miss. 1983). “But if the transferor had neither title nor the power to transfer title, the purchaser acquires nothing. Grissom was a trespasser on the land of the Wades.”

Vince v. Broome, 443 So. 2d 23 (Miss. 1983). “" Miss. Code Ann. § 75-2-105 (1972). Therefore, this Court concludes that livestock are "goods" within the definition of the Uniform Commercial Code and are covered under the law governing commercial transactions.”

Thomas McDonnell, III v. Sandy Miller, 655 F. App'x 229 (5th Cir. 2016). “Miss. Code Ann. § 75-2-106 . And McDonnell concedes that stocks do not fall within the definition of “goods” under Mississippi’s version of the UCC.”

DC Gen. Contractors, Inc. v. Slay Steel, Inc., 109 So. 3d 577 (Miss. Ct. App. 2013). “2002) ("Even though one or more terms are left open[,] a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.”

Piney Woods Country Life Sch. v. Shell Oil Co., 726 F.2d 225 (5th Cir. 1984). “” Miss.Code Ann. § 75-2-105 (1981). . “(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 chapter if they are to be severed by the seller but until…”

Norman L. Neyland v. Timberland Mgmt. Servs., Inc., 167 So. 3d 1272 (Miss. Ct. App. 2014). “” Miss.Code Ann. § 75-2-105(1) (Rev. 2002).”

Unknown, 138 F.3d 546. “2d at 234 (holding that, under Mississippi law, “a gas sale contract is execu-tory and that the sale is executed only upon production and delivery”) (citing Miss.Code Ann. § 75-2-105, et seq.); Palmer v.”

— Miss. Code Ann. § 75-2-105(1) — 2 cases

Howard v. CitiFinancial, Inc., 195 F. Supp. 2d 811 (S.D. Miss. 2002). “1985) (finding that, under the definition of “goods” adopted by Illinois, which is identical to the definition found at Miss. Code Ann. § 75-2-105 (1), life insurance contracts were not “goods” within the scope of the Uniform Commercial Code); Oxford Lumber Co.”

Norman L. Neyland v. Timberland Mgmt. Servs., Inc., 167 So. 3d 1272 (Miss. Ct. App. 2014). “” Miss.Code Ann. § 75-2-105(1) (Rev. 2002).”

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