HARRY HUGHES, Governor 2881
(39) "Signed" includes any symbol executed or
adopted by a party with present intention to authenticate a
(40) "Surety" includes guarantor.
(41) "Telegram" includes a message transmitted
by radio, teletype, cable, any mechanical method of
transmission, or the like.
(42) "Term" means that portion of an agreement
which relates to a particular matter.
(43) "Unauthorized signature or indorsement"
means one made without actual, implied or apparent authority
and includes a forgery.
(44) "Value." Except as otherwise provided with
respect to negotiable instruments and bank collections (§§
3-303, 4-208 and 4-209) a person gives "value" for rights if
he acquires them:
(a) In return for a binding commitment to
extend credit or for the extension of immediately available
credit whether or not drawn upon and whether or not a
charge-back is provided for in the event of difficulties in
(b) As security for or in total or partial
satisfaction of a preexisting claim; or
(c) By accepting delivery pursuant to a
preexisting contract for purchase; or
(d) Generally, in return for any
consideration sufficient to support a simple contract.
(45) "Warehouse receipt" means a receipt issued
by a person engaged in the business of storing goods for
(46) "Written" or "writing" includes printing,
typewriting or any other intentional reduction to tangible
(1) A contract for the sale of [timber,] minerals or
the like (INCLUDING OIL OR GAS) or a structure or its
materials to be removed from realty is a contract for the
sale of goods within this title if they are to be severed by
the seller but until severance a purported present sale
thereof which is not effective as a transfer of an interest
in land is effective only as a contract to sell.
(2) A contract for the sale apart from the land of
growing crops or other things attached to realty and capable