MARVIN MANDEL, Governor

103

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.

(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.

2—106. Definitions: "Contract"; "agreement"; "contract
for sale"; "sale"; "present sale"; "conforming" to
contract; "termination"; "cancellation."

(1) In this [subtitle] TITLE unless the context
otherwise requires "contract" and "agreement" are limited
to those relating to the present or future sale of goods.
"Contract for sale" includes both a present sale of goods
and a contract to sell goods at a future time. A "sale"
consists in the passing of title from the seller to the
buyer for a price (§ 2—401). A "present sale" means a
sale which is accomplished by the making of the contract.

(2)    Goods or conduct including any part of a
performance are "conforming" or conform to the contract
when they are in accordance with the obligations under
the contract.

(3)   "Termination" occurs when either party pursuant
to a power created by agreement or law puts an end to the
contract otherwise than for its breach. On
"termination" all obligations which are still executory
on both sides are discharged but any right based on prior
breach or performance survives.

(4)   "Cancellation" occurs when either party puts an
end to the contract for breach by the other and its
effect is the same as that of "termination" except that
the cancelling party also retains any remedy for breach
of the whole contract or any unperformed balance.

2—107. Goods to be severed from realty; recording.

(1) A contract for the sale of timber, minerals or
the like or a structure or its materials to be removed