§ 25-2-105. Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit."
§25‑2‑105. Definitions: Transferability; "goods";"future" goods; "lot"; "commercial unit."
(1) "Goods"means all things (including specially manufactured goods) which are movable atthe time of identification to the contract for sale other than the money inwhich the price is to be paid, investment securities (article 8) and things inaction. "Goods" also includes the unborn young of animals and growingcrops and other identified things attached to realty as described in thesection on goods to be severed from realty (G.S. 25‑2‑107).
(2) Goods must be bothexisting and identified before any interest in them can pass. Goods which arenot both existing and identified are "future" goods. A purportedpresent sale of future goods or of any interest therein operates as a contractto sell.
(3) There may be a saleof a part interest in existing identified goods.
(4) An undivided sharein an identified bulk of fungible goods is sufficiently identified to be soldalthough the quantity of the bulk is not determined. Any agreed proportion ofsuch a bulk or any quantity thereof agreed upon by number, weight or othermeasure may to the extent of the seller's interest in the bulk be sold to thebuyer who then becomes an owner in common.
(5) "Lot"means a parcel or a single article which is the subject matter of a separatesale or delivery, whether or not it is sufficient to perform the contract.
(6) "Commercialunit" means such a unit of goods as by commercial usage is a single wholefor purposes of sale and division of which materially impairs its character orvalue on the market or in use. A commercial unit may be a single article (as amachine) or a set of articles (as a suite of furniture or an assortment ofsizes) or a quantity (as a bale, gross, or carload) or any other unit treatedin use or in the relevant market as a single whole. (1965, c. 700, s. 1.)