in a dispute over a sale involving a bicycle, dain argues that as to this deal emory's hobby shop, where dain bought the bike, is a merchant. a court may determine whether emory's is a merchant by assessing whether it has sold any bikes within the last year. it holds itself out by occupation as having knowledge or skill unique to the bike in the transaction. its owner enjoys biking. it subscribes to bike, a biweekly trade magazine.
