N.D. Cent. Code » Title 41 · Chapter 41-02
North Dakota Century Code

N.D. Cent. Code § 41-02-91 (2026)

(2-712) Cover - Buyer's procurement of substitute goods

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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1. After a breach within section 41-02-90, the buyer may "cover" by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.

2. The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (section 41-02-94), but less expenses saved in consequence of the seller's breach.

3. Failure of the buyer to effect cover within this section does not bar the buyer from any other remedy.

Notes of Decisions
Cited in 3 cases, 1976–1981 · leading case: Dangerfield v. Markel, 278 N.W.2d 364 (N.D. 1979).
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Dangerfield v. Markel, 278 N.W.2d 364 (N.D. 1979). · cites it 8× “The trial court in essence found that the buyer was entitled to damages pursuant to Section 41-02-91, N.D.C.C. (§ 2-712, U.C.”
Jamestown Terminal Elevator, Inc. v. Hieb, 246 N.W.2d 736 (N.D. 1976). · cites it 3× “When Hieb failed to deliver the grain on August 31, Terminal entered the open market to “cover [§ 41-02-91, N.D. C.C. (2-712, U.C.C.)]” on September 4,1973, the first market day after August 31, 1973.”
Leininger v. Sola, 314 N.W.2d 39 (N.D. 1981). · cites it 6× “The trial court in its memorandum decision discussed this argument and emphasized that § 41-02-91, N.D.C.C. (2-712 UCC), provides that the buyer may cover by making a reasonable purchase of or contract to purchase goods in substitution of those from the seller.”
N.D. Cent. Code § 41-02-91(3): 1 case
Leininger v. Sola, 314 N.W.2d 39 (N.D. 1981). “The trial court in its memorandum decision discussed this argument and emphasized that § 41-02-91, N.D.C.C. (2-712 UCC), provides that the buyer may cover by making a reasonable purchase of or contract to purchase goods in substitution of those from the seller.”
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