If a contract involves both the sale of goods and services, and the parties have presented the case to the trial court and the Supreme Court on the theory that the sales article of the U.C.C. applies, this court will dispose of the case on appeal on that theory. Nebraska Builders Prod. Co. v. Industrial Erectors, 239 Neb. 744, 478 N.W.2d 257 (1992).
Transaction to construct building had predominant purpose of rendering service with goods incidentally involved, and thus fell outside scope of the Uniform Commercial Code. Herman v. Bonanza Bldgs., Inc., 223 Neb. 474, 390 N.W.2d 536 (1986).
The sales article of the U.C.C. does not apply to a contract for membership in an organization for the purchase of food or other goods. Guaranteed Foods v. Rison, 207 Neb. 400, 299 N.W.2d 507 (1980).
Valves to be used in nuclear submarines are goods and Uniform Commercial Code—Sales applies to transactions involving them. Crane Co. v. Roberts Supply Co., 196 Neb. 67, 241 N.W.2d 516 (1976).
The Uniform Commercial Code did not apply to a contract for the sale of an ongoing grain business, including both goods and nongoods, because the principal purpose of the transaction was the sale of nongoods. MBH, Inc. v. John Otte Oil & Propane, 15 Neb. App. 341, 727 N.W.2d 238 (2007).
Whether the Uniform Commercial Code applies to a contract for the sale of both goods and nongoods is a question of law. MBH, Inc. v. John Otte Oil & Propane, 15 Neb. App. 341, 727 N.W.2d 238 (2007).
Prior Uniform Statutory Provision: Section 75, Uniform Sales Act.
Changes: Section 75 has been rephrased.
Purposes of Changes and New Matter:
To make it clear that:
The article leaves substantially unaffected the law relating to purchase money security such as conditional sale or chattel mortgage though it regulates the general sales aspects of such transactions. "Security transaction" is used in the same sense as in the Article on Secured Transactions (Article 9).
Definitional Cross References:
"Contract". Section 1-201.
"Contract for sale". Section 2-106.
"Present sale". Section 2-106.
"Sale". Section 2-106.