The person offering a thing other than money by way of performance, if that person means to treat it as belonging to the creditor, shall retain it as a depositary for hire until:

Terms Used In North Dakota Code 9-12-26

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    The creditor accepts it; 2.    That person has given reasonable notice to the creditor that that person will retain it no longer; or

3.    That person has deposited it with such suitable depositary therefor as that person is able to find with the exercise of reasonable diligence.