Currituck Grain Inc. v. Powell

ARNOLD, Judge.

The question presented by defendant’s motion centered on whether defendant, a farmer, was a merchant as defined by the Uniform Commercial Code. If defendant were not a merchant, as defined, he was entitled to the defense of the statute of frauds. If he were a merchant he would not be entitled to the defense of the statute of frauds.

Summary judgment was granted on the grounds that the statute of frauds was a defense and there was no genuine issue of fact since defendant was not a “merchant” within the meaning of G.S. 25-2-104. Few cases have determined whether farmers are…