47-2722

47-2722. Who can sue third parties for injury
to goods

Where a third party so deals with goods which have been identified to a contract for
sale as to cause actionable injury to a party to that contract:

1. A right of action against the third party is in either party to the contract for
sale who has title to or a security interest or a special property or an insurable
interest in the goods; and if the goods have been destroyed or converted a right of
action is also in the party who either bore the risk of loss under the contract for sale
or has since the injury assumed that risk as against the other;

2. If at the time of the injury the party plaintiff did not bear the risk of loss
as against the other party to the contract for sale and there is no arrangement between
them for disposition of the recovery, his suit or settlement is, subject to his own
interest, as a fiduciary for the other party to the contract;

3. Either party may with the consent of the other sue for the benefit of whom it
may concern.