§ 41-02-48 — (2-403) Power to transfer - Good-faith purchase of goods - Entrusting

North Dakota § 41-02-48

• Jurisdiction: North Dakota
• Title 41: Uniform Commercial Code
• Ch. 41-02: Sales

Text

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:
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).