41-02-95. (2-716) Buyer's right to specific performance or replevin.
141 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-95·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Specific performance may be decreed if the goods are unique or in other proper
circumstances.
2. The decree for specific performance may include such terms and conditions as to
payment of the price, damages, or other relief as the court may deem just.
3. The buyer has a right of replevin for goods identified to the contract if after reasonable
effort the buyer is unable to effect cover for such goods or the circumstances
reasonably indicate that such effort will be unavailing or if the goods have been
shipped under reservation and satisfaction of the security interest in them has been
made or tendered. In the case of goods bought for personal, family, or household
purposes, the buyer's right of replevin vests upon acquisition of a special property,
even if the seller had not then repudiated or failed to deliver.