§ 41-03-19 — (3-119) Notice of right to defend action

In an action for breach of an obligation for which a third person is answerable over under
this chapter or chapter 41-04, the defendant may give the third person written notice of the
litigation, and the person notified may then give similar notice to any other person who is
answerable over. If the notice states that the person notified may come in and defend and that
failure to do so will bind the person notified in an action later brought by the person giving the
notice as to the determination of fact common to the two litigations, the person notified is so

bound unless after seasonable receipt of the notice the person notified does come in and
defend.