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Uniform Commercial Code
www.law.cornell.edu...
(k) "Goods" means all things that are movable at the time of identification to a contract for sale. The term includes future goods, specially manufactured goods, the unborn young of animals, growing crops, and other identified things attached to realty as described in Section 2-107. The term does not include information, the money in which the price is to be paid, investment securities under Article 8, the subject matter of foreign exchange transactions, or choses in action.
FAIRVIEW STATE BANK v. EDWARDS
No. 63676.
739 P.2d 994
1987 OK 53
Decided: June 23, 1987
Supreme Court of Oklahoma
�27 Such a contract is contemplated by the Uniform Commercial Code. The Code's definition of goods includes "the unborn young of animals." 12A O.S. 1981 � 2-105 (1). The Uniform Commercial Code Comments following � 2-105 note that the young of animals are expressly included in the definition of goods because "they, too, are frequently intended for sale and may be contracted for before birth."
�33 The third requirement for the attachment of a security interest is that Debtors have rights in the collateral. We find that Debtors' rights in the embryos arise when the eggs produced by Debtors' donor cows are fertilized and the embryos come into existence.
�34 Goods must be both existing and identified before any interest in them can pass. 12A O.S. 1981 � 2-105 (2). Thus, Debtors could not have passed an interest in the embryos to Granada unless they first had rights in the embryos. In the case of the sale of unborn young, identification of goods to a contract occurs "when the young are conceived." 12A O.S. 1981 � 2-501 .
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