Kimball County Grain Cooperative v. Yung

Although authoring the majority opinion in this case, I do not believe it goes far enough, and I believe that this court should squarely face and resolve the question of whether the defendant was a “merchant” as defined in section 2-104, U. C. C. Logically, the question of whether the defendant was a “merchant” should be resolved before this court determines whether there has been compliance with other requirements in subsection (2) of section 2-201, U. C. C. More significantly, an important question of law has been left undecided, despite the fact that the question was properly raised,…