2005 Idaho Code - 69-238 — WAREHOUSEMAN\'S OBLIGATIONS -- DUTY TO DELIVER DEPOSITED COMMODITIES -- DAMAGES

                                  TITLE  69
                                  WAREHOUSES
                                  CHAPTER 2
                             BONDED WAREHOUSE LAW
    69-238.  WAREHOUSEMAN'S OBLIGATIONS -- DUTY TO DELIVER DEPOSITED
COMMODITIES -- DAMAGES. (1) The duty of the warehouseman to deliver
agricultural commodities deposited shall be governed by the provisions of this
chapter and the requirements of the uniform commercial code. Upon the return
of a properly endorsed negotiable warehouse receipt to the warehouseman, and
upon payment or tender of all advances and legal charges, agricultural
commodities of the grade and quantity named therein shall be delivered to the
holder of the negotiable warehouse receipt, except as provided by the uniform
commercial code.
    (2)  A warehouseman's duty to deliver any agricultural commodity is
fulfilled if delivery is made pursuant to the contract with the depositor, or
if no contract exists, then to the several owners in the order of demand as
rapidly as it can  be done by ordinary diligence. When delivery is made within
thirty (30) days from date of demand, or as agreed upon in writing by all
parties concerned, such delivery is deemed to comply with the provisions of
this section. An extension of the delivery period may be granted by the
department upon written request.
    (3)  A warehouseman shall not fail to deliver an agricultural commodity as
provided in this section, and delivery shall be made at the warehouse or
station where the agricultural commodity was received, unless otherwise
agreed.
    (4)  In addition to being subject to penalties provided in this chapter
for a violation of the provisions of this section, any warehouseman failing to
deliver agricultural commodities within the time provided in this section is
subject to suit by the person entitled to delivery of the agricultural
commodities and may be ordered by a court of competent jurisdiction to pay
actual damage or liquidated damages of one percent (1%) of the value for each
day's delay.