North Dakota Code 41-02-48 – (2-403) Power to transfer – Good-faith purchase of goods – Entrusting
1. A purchaser of goods acquires all title which the purchaser’s transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good-faith purchaser for value. When goods have been delivered under a transaction of purchase, the purchaser has such power even though:
Terms Used In North Dakota Code 41-02-48
- Fraud: Intentional deception resulting in injury to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. The transferor was deceived as to the identity of the purchaser; b. The delivery was in exchange for a check which is later dishonored; c. It was agreed that the transaction was to be a “cash sale”; or
d. The delivery was procured through fraud punishable as theft under chapter 12.1-23.
2. Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business.
3. “Entrusting” includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery of acquiescence and regardless of whether the procurement of the entrusting or the possessor’s disposition of the goods have been such as to be theft under chapter 12.1-23.
4. The rights of other purchasers of goods and of lien creditors are governed by the chapters on secured transactions (chapter 41-09) and documents of title (chapter 41-07).