Section 400.2-104

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963   

  400.2-104.  Definitions — "merchant" — "between merchants" — "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 practices 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 (section 400.2-707).

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

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(L. 1963 p. 503 § 2-104)

(1977) A farmer is not necessarily a merchant but if a prior course of dealings indicates familiarity with business practices it may be sufficient to establish his status as a "merchant".  Rush Johnson Farms, Inc. v. Mo. Farmers Association (A.), 555 S.W.2d 61.