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Tenn. Code Ann. § 47-2-104

Definitions — “Merchant” — “Between merchants” — “Financing agency.”

Known as the Uniform Commercial Code

The act spans §§ 47–47 (578 sections).

Applied in 6 court decisions — leading case Jahn v. Quintrell (In Re Tom Woods Used Cars, Inc.) (1982)

Most recently applied in Brooks Cotton Company, Inc. v. Bradley F. Williams (April 2012)

Acts 1963, ch. 81, § 1 (2-104); Acts 2008, ch. 814, § 4.

How often courts cite this section

1982199020002010201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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 or associated with 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 (§ 47-2-707).

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

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.