Wisconsin Code § 402.105

Definitions: transferability; “goods”; “future” goods; “lot”; “commercial unit”
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(1) (a) “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.
(b) 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.
(c) “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 (ch. 408) 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
s. 402.107 on goods to be severed from realty.
(d) “Lot” means a parcel or a single article which is the sub-

ject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.
(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.

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