LAKE WALES PUBLISHING COMPANY, INC., APPELLANT,
v.
FLORIDA VISITOR, INC., ET AL., APPELLEES
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Lake Wales Publishing Company sued Florida Visitor, Inc. for breach of a 1971 contract to compile, edit, and publish pamphlets. The trial court dismissed based on a three-year statute of limitations for unwritten contracts, but the appellate court reversed, holding that the contract for sale of printed materials constituted a sale of 'goods' under the Uniform Commercial Code, thus subject to a four-year limitations period.
The contract for the production of printed pamphlets and related materials constitutes a sale of 'goods' within the meaning of the Uniform Commercial Code. Therefore, the action is governed by the four-year statute of limitations under the UCC, not the three-year statute for unwritten contracts, and appellant's suit filed on January 15, 1975 was timely.
[1] A contract for the compilation, editing, and publication of printed materials constitutes a sale of "goods" under the Uniform Commercial Code.
[2] The Uniform Commercial Code's four-year statute of limitations for the sale of goods generally prevails over a general three-year statute of limitations for unwritten con…
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Join FLexlaw to unlock all legal intelligence“all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action.”
Definition of 'goods' under UCC § 2-105, which is central to determining whether the statute of limitations applies.
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Join FLexlaw to unlock all legal intelligenceIn 1971, Lake Wales Publishing Company entered into a contract with Florida Visitor, Inc. to compile, edit, and publish certain pamphlets and other pr…
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SCHEB, Judge.
This case concerns a contract entered into by the plaintiff/appellant in 1971 to compile, edit and publish certain pamphlets and other printed materials for the defendants/appellees. The issue is whether the contract was subject to the three-year statute of limitations governing unwritten contracts (F.S. § 95.11(5)(e) (1973)), or the four-year statute under the Uniform Commercial Code (F.S. § 672.2-725 (1973)), effectively transferred to Fla.Stat. § 95.11(3)(k) (1975) as of January 1, 1975.1
Appellant filed suit on January 15, 1975. The trial court dismissed the appellant’s second amended complaint with prejudice on grounds that its action was barred by the three-year statute of limitations in Fla. Stat. § 95.11(5)(e) (1973). This appeal ensued. We reverse.
If the 1971 contract was for the sale of “goods,” then appellant which filed suit on January 15, 1975, was entitled to the benefit of the four-year U.C.C. statute effectively continued by § 95.11(3Xk) (1975), since the U.C.C. limitation period generally prevails over that contained in a general statute of limitations. See Official Comment to U.C.C. § 2-725.
We focus then on whether the printed materials which appellant allegedly furnished to appellee were “goods” under the U.C.C., Fla.Stat. § 672.2-105(1), which defines “goods” as:
“. . . all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (chapter 678) and things in action.”
The specific point has not been passed on by the Florida courts; however, the Official Comment to U.C.C. § 2-105 states that the definition of goods is based upon the concept of their movability. The items allegedly furnished by the appellant were specially produced or manufactured and were movable. Moreover, any services rendered were of necessity directed to production of the items.
While there is a paucity of cases construing the definition of “goods” under the U.C.C., the instant case is somewhat analogous to the situation in Carpel v. Saget Studios, Inc., E.D.Pa.1971, 326 F.Supp. 1331. There, an action for breach of contract was filed against a photographer for his failure to take pictures of the plaintiff’s wedding. In determining the correct measure of damages, the court held that the contract breached by the defendant was one for the sale of “goods.”
We conclude that production of printed pamphlets and related materials are goods within the meaning of U.C.C. and that appellant’s action was therefore governed by the four-year statute of limitations.
Accordingly, the order of the trial court is reversed and the cause remanded for further proceedings consistent with this opinion.
BOARDMAN, A. C. J., and GRIMES, J., concur. . The 1975 statute made a four-year limitations period applicable to all contracts, and Fla.Stat. § 672.2-725'was repealed as superfluous.
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Ingrid Cardozo and Joseph Cardozo v. True, 342 So. 2d 1053 (Fla. 2d DCA 1977)…ed to close with the resultant infringement on freedom of speech and expression. The definition of “goods” under the U.C.C. is sufficiently broad to include books. Section 672.105, Florida Statutes. Cf. Lake Wales Publishing Co. v. Florida Visitor, 335 So. 2d 335 (Fla.App.2d DCA 1976), holding printed pamphlets as goods under U.C.C. Clearly, the defendant Ellie’s qualifies as a merchant with respect to books. Section 672.314(1), Florida Statutes. Thus, we approach the novel question of not whether Ellie’s i…
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BMC Indus., Inc. v. Barth Indus., Inc., 160 F.3d 1322 (11th Cir. 1998)…a contract to edit and publish printed materials was a contract for goods after stating that “[t]he items allegedly furnished by the appellant were specially produced or manufactured and were movable.” Lake Wales Publ’g Co. v. Florida Visitor, Inc., 335 So. 2d 335, 336 (Fla. 2d DCA 1976); see also Smith v. Union Supply Co., 675 P. 2d 333, 334 (Colo.Ct.App.1983) (holding that a contract to provide the materials and labor for installation of a new roof was a contract for goods because “[t]he materials to be ins…
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Dade Cnty. v. Rohr Indus., Inc., 826 F.2d 983 (11th Cir. 1987)…ingly governed by Florida’s Uniform Commercial Code and § 672.725. The Uniform Commercial Code (UCC) limitation period generally prevails over that contained in a general statute of limitations. Lake Wales Publishing Co., Inc. v. Fla. Visitor, Inc., 335 So. 2d 335, 336 (Fla. 2d D.C.A.1976). See Official Comment to UCC § 2-725. Thus, § 672.725’s four year limitation period would be applied instead of the five year period for written contracts found in § 95.-11(2)(b). Section 672.725, however, was repealed as s…1 / 2