102

LAWS OF MARYLAND

[Ch. 49

"financing agency."

(1)   "Merchant" means a person who deals in goods of
the kind or otherwise by his occupation holds himself out
as having knowledge or skill peculiar to the practice or
goods involved in the transaction or to whom such
knowledge or skill may be attributed by his employment of
an agent or broker or other intermediary who by his
occupation holds himself out as having such knowledge or
skill.

(2)     "Financing agency" means a bank, finance
company or other person who in the ordinary course of
business makes advances against goods or documents of
title or who by arrangement with either the seller or the
buyer intervenes in ordinary course to make or collect
payment due or claimed under the contract for sale, as by
purchasing or paying the seller's draft or making
advances against it or by merely taking it for collection
whether or not documents of title accompany the draft.
"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 (§
2-707) .

(3)   "Between merchants" means in any transaction
with respect to which both parties are chargeable with
the knowledge or skill of merchants.

2—105. Definitions: Transferability; "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 ([subtitle] TITLE 8) 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 the section on goods to be severed
from realty (§ 2—107).

(2)   Goods must be both existing and identified
before any interest in then 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.