If a manufacturer, wholesaler, or distributor of merchandise and tools covered under section 51-07-01, upon cancellation of a contract by either a retailer or a manufacturer, wholesaler, or distributor, fails or refuses to make payment to the retailer as is required by section 51-07-01, or refuses to supply covered merchandise or tools to any retailer of the merchandise, who may have a retail sales contract dated after July 31, 2003, or a contract with no expiration date or a continuing contract in force or effect on August 1, 2003, with the manufacturer, wholesaler, or distributor, the manufacturer, wholesaler, or distributor is liable in a civil action to be brought by the retailer for the amounts provided under subsection 1 of section 51-07-01. The obligations of any wholesaler, manufacturer, or distributor apply to any successor in interest or assignee of that wholesaler, manufacturer, or distributor. A successor in interest includes any purchaser of assets or stock, any surviving corporation or limited liability company resulting from a merger or liquidation, any receiver, or any trustee of the original wholesaler, manufacturer, or distributor.

Terms Used In North Dakota Code 51-07-03

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Trustee: A person or institution holding and administering property in trust.