N.D. Cent. Code § 41-02-86: (2-707) Person in the position of a seller

1.A "person in the position of a seller" includes as against a principal an agent who has paid or becomes responsible for the price of goods on behalf of the agent's principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller.

2.A person in the position of a seller may as provided in this chapter withhold or stop delivery (section 41-02-84) and resell (section 41-02-85) and recover incidental damages (section 41-02-89).