§ 41-02-05 — (2-105) Commercial unit, goods, and lot defined - Transferability

1. "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.
2. "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 41-08), 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 41-02-07).
3. 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.
4. There may be a sale of a part interest in existing identified goods.
5. 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.
6. "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.