West Virginia Code § 46-2-105

Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial
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unit."
(1) "Goods" mean 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 (article 8) and things in action. "Goods" also includes the
unborn young of animals and growing crops and other identified things attaeched to realty as
described in the section on goods to be severed from realty (section 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 puurported 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 determlined. Any agreed proportion of such a
bulk or any quantity thereof agreed upon by nsumber, 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. i
(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 furnitur e or an assortment of sizes) or a quantity (as a bale, gross, or carload)
or any other uVnit treated in use or in the relevant market as a single whole.

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