§ 41-02-90 — (2-711) Buyer's remedies in general - Buyer's security interest in rejected goods

goods.
1. If the seller fails to make delivery or repudiates or the buyer rightfully rejects or
justifiably revokes acceptance then with respect to any goods involved, and with
respect to the whole if the breach goes to the whole contract (section 41-02-75), the
buyer may cancel and whether or not the buyer has done so may in addition to
recovering so much of the price as has been paid:
a. "Cover" and have damages under the next section as to all the goods affected
whether or not they have been identified to the contract; or
b. Recover damages for nondelivery as provided in this chapter (section 41-02-92).
2. If the seller fails to deliver or repudiates, the buyer may also:
a. If the goods have been identified, recover them as provided in this chapter
(section 41-02-50); or
b. In a proper case, obtain specific performance or replevy the goods as provided in
this chapter (section 41-02-95).
3. On rightful rejection or justifiable revocation of acceptance, a buyer has a security
interest in goods in the buyer's possession or control for any payments made on their
price and any expenses reasonably incurred in their inspection, receipt, transportation,
care, and custody and may hold such goods and resell them in like manner as an
aggrieved seller (section 41-02-85).