Mont. Code Ann. » TITLE 30. TRADE AND COMMERCE · CHAPTER 2. UNIFORM COMMERCIAL CODE SALES · Part 1. Short Title, General Construction, and Subject Matter
Montana Code Annotated

Mont. Code Ann. § 30-2-105 (2026)

Definitions -- Transferability -- "goods" -- "future" Goods -- "lot" -- "commercial Unit"

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 30
  3. CHAPTER 2
  4. Part 1
  5. 30-2-105 Definitions -- transferability -- "goods" -- "future" goods -- "lot" -- "commercial unit"

TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 1. Short Title, General Construction, and Subject Matter

Definitions -- Transferability -- "goods" -- "future" Goods -- "lot" -- "commercial Unit"

30-2-105. Definitions -- transferability -- "goods" -- "future" goods -- "lot" -- "commercial unit". (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 (30-2-107).

(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.

History: En. Sec. 2-105, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-105.

Notes of Decisions
Cited in 11 cases, 1981–2017 · leading case: S & P Brake Supply, Inc. v. STEMCO LP, 2016 MT 324 (Mont. 2016).
Sort: Relevance Newest Treatment
S & P Brake Supply, Inc. v. STEMCO LP, 2016 MT 324 (Mont. 2016). · cites it 5× “” Section 30-2-105, MCA. The agreement between the parties involves the sale of brake linings from STEMCO to S&P and the sale of remanufactured brakes from S&P to Kenworth.”
Rothing v. Kallestad, 2007 MT 109 (Mont. 2007). · cites it 4× “] Hence, as the Official Comment to § 30-2-105, MCA, provides: “The definition of goods is based on the concept of movability .”
Carelli v. Hall, 926 P.2d 756 (Mont. 1996). · cites it 2× “They also agree that contract and partnership principles apply only secondarily. The central issue in this case is whether Stires is liable on the debt evidenced by the promissory note and security agreement for the purchase of the elk executed by Hall in Carelli’s favor.”
Norwest Bank Billings v. Murnion, 684 P.2d 1067 (Mont. 1984). · cites it 3× “” See Section 30-2-105(1), MCA. Thus, the sale of the loader is governed by the Code and any Code provisions addressing the parol evidence question must be given primary consideration.”
Moore v. Goran, LLC, 2017 MT 208 (Mont. 2017). · cites it 3× “Section 30-2-105, MCA, defines “goods” to mean all things movable at the time of the contract for sale.”
Little v. Grizzly Mfg., 636 P.2d 839 (Mont. 1981). · cites it 2× ““Goods” is defined in section 30-2-105,- MCA, as follows: *425 “(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…”
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). · cites it 2× “Brogan also argues the court erred when it allowed testimony regarding telephone conversations between Trad and Brogan from January through March of 1987 in which Brogan expressed his intention to perform the contracts, even if past the cut-off dates of the contracts. The…”
Fitterer Sales Montana, Inc. v. Mullin, 2015 MT 272 (Mont. 2015). · cites it 3× “” Section 30-2-105(1), MCA. Fitterer contends this includes fertilizer and chemicals used for agricultural purposes.”
Konitz v. Claver, 1998 MT 27 (Mont. 1998). “See §§ 30-2-105(1) and -107(2), MCA (defining a contract for the sale of timber to be cut as a contract for the sale of goods).”
Montana Millwork, Inc. v. Caradco Corp., 648 F. Supp. 88 (D. Mont. 1986). · cites it 2× “MontCode Ann. § 30-2-105. A “sale” consists of the passing of title from the seller to a buyer for a price, and a “contract for sale” includes both a present sale of goods and a contract to sell goods as a future time.”
Wheeler v. Webber, 2015 MT 61N (Mont. 2015). · cites it 3× “¶11 Instead, Montana’s Uniform Commercial Code (MUCC), Title 30, chapter 2, MCA, provides the rules for determining ownership. The MUCC applies to transactions in goods.”
— Mont. Code Ann. § 30-2-105(1) — 7 cases
Carelli v. Hall, 926 P.2d 756 (Mont. 1996). “They also agree that contract and partnership principles apply only secondarily. The central issue in this case is whether Stires is liable on the debt evidenced by the promissory note and security agreement for the purchase of the elk executed by Hall in Carelli’s favor.”
Norwest Bank Billings v. Murnion, 684 P.2d 1067 (Mont. 1984). “” See Section 30-2-105(1), MCA. Thus, the sale of the loader is governed by the Code and any Code provisions addressing the parol evidence question must be given primary consideration.”
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). “Brogan also argues the court erred when it allowed testimony regarding telephone conversations between Trad and Brogan from January through March of 1987 in which Brogan expressed his intention to perform the contracts, even if past the cut-off dates of the contracts. The…”
Rothing v. Kallestad, 2007 MT 109 (Mont. 2007). “] Hence, as the Official Comment to § 30-2-105, MCA, provides: “The definition of goods is based on the concept of movability .”
Fitterer Sales Montana, Inc. v. Mullin, 2015 MT 272 (Mont. 2015). “” Section 30-2-105(1), MCA. Fitterer contends this includes fertilizer and chemicals used for agricultural purposes.”
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.