41-02-83. (2-704) Seller's right to identify goods to the contract notwithstanding
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/nd/title-41/chapter-41-02-sales/41-02-83·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
breach or to salvage unfinished goods.
1. An aggrieved seller under section 41-02-82 may:
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.