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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.(e) "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.(f) "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 purported present sale of future goods or of any interest therein operates as a contract to sell.(c) There may be a sale of a part interest in existing identified goods.(d) 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. On "termination" all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.(d) "Cancellation" occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of "termination" except that the cancelling party also retains any remedy for breach of the whole contract or any unperformed balance. Goods which are not both existing and identified are "future" goods. A "present sale" means a sale which is accomplished by the making of the contract.(b) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.(c) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. "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).(b) Goods must be both existing and identified before any interest in them can pass. A "sale" consists in the passing of title from the seller to the buyer for a price (Section 2.401). The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer. (a) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.(b) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.(c) 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.
If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.(b) Even though all or part of the price is payable in an interest in realty the transfer of the goods and the seller's obligations with reference to them are subject to this chapter, but not the transfer of the interest in realty or the transferor's obligations in connection therewith. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this title. Between merchants such terms become part of the contract unless:(1) the offer expressly limits acceptance to the terms of the offer;(2) they materially alter it; or(3) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.(c) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. Section 3.104.(d) In addition Chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter. "Financing agency" includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Section 2.707).(c) "Between merchants" means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.