Archive | UCC sale of goods

RSS feed for this section

Moore v. Goran, LLC

Moore v. Goran, LLC, 2017 MT 208 (Aug. 22, 2017) (McGrath, C.J.) (5-0, aff’d)

Issue: (1)Whether the crushed aggregate material is a “good” under the Uniform Commercial Code, and (2) whether the weight of the material as determined at the seller’s gravel pit formed the basis of payment under the sales contract.

Short Answer: (1) Yes, and (2) yes.

Summary judgment for seller affirmed

Facts: Mark Moore owns a gravel pit north of Red Lodge. Goran, LLC is a Utah company contracted by the Montana DOPT to build the Red Lodge Tied projects. Moore and Goran entered into a contract under which Moore agreed to provide Goran with crushed aggregate material. The parties used Goran’s form contract.…

Fitterer v. Mullin

Fitterer v. Mullin, 2015 MT 272 (Sept. 15, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether there was a valid contract between A&C and Fitterer for the sale of fertilizer and chemicals; (2) whether Fitterer is entitled to prejudgment interest; and (3) whether Clint is personally liable for money owed under A&C’s contract with Fitterer.

Short Answer: (1) Yes, as a UCC contracts for goods; (2) yes; and (3) no.

Affirmed on issues 1 & 2, reversed on issue 3, & remanded for entry of an amended judgment

Facts: Fitterer is a North Dakota corporation licensed to do business in Montana. A&C is a Montana corporation, and Clint is the president and sole shareholder. In May 2007, A&C bought fertilizer and chemical from Fitterer on account.…