1.    An aggrieved seller under section 41-02-82 may:

Terms Used In North Dakota Code 41-02-83

  • Contract: A legal written agreement that becomes binding when signed.

a.    Identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller’s possession or control.

b.    Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

2.    If the goods are unfinished, an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.