Oregon Code § 72.1050·Enacted ·Last updated March 01, 2026
Statute Text
Definitions: goods; future goods; lot; commercial unit.
(1) 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 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 ORS 72.1070 on goods to be severed
from realty.
(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 purported 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 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 sellers interest in the bulk be sold to the buyer who
then becomes an owner in common.
(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 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. [1961 c.726 §72.1050]