ART. 83] UNIFORM SALES ACT. 1921

in the goods has been retained by the seller merely to secure perform-
ance by the buyer of his obligations under the contract, the goods are
at the buyer's risk from the time of such delivery.

(6) Where delivery has been delayed through the fault of either
buyer or seller, the goods are at the risk of the party in fault as regards
any loss which might not have occurrtd but for such fault.

1910. ch. 346, sec. 41 (p. 280).

44. (1) Subject to the provisions of this sub-title, where goods
are sold by a person who is not the owner thereof, and who does not
sell them under the authority or with the consent of the owner, the
buyer acquires no better title to the goods than the seller had, unless
the owner of the goods is by his conduct precluded from denying the
seller's authority to sell.

(2) Nothing in this sub-title, however, shall affect:

(a) The provisions of any factor's acts recording acts, or any enact-
ment enabling the apparent owner of goods to dispose of them as if he
were the true owner thereof.

(b) The validity of any contract to sell, or sale under any special
common law or statutory power of sale, or under the order of a court
of competent jurisdiction.

1910, ch. 346, sec. 42 (p. 280).

45. Where the seller of goods has a voidable title thereto, but his
title has not been avoided at the time of the sale, the buyer acquires a
good title to the goods; provided, he buys them in good faith, for value,
and without notice of the seller's defect of title.

1910, ch. 346, sec. 43 (p. 280).

46. Wliere a person having sold goods continues in possession of
the goods, or of negotiable documents of title to the goods, the delivery
or transfer by that person, or by an agent acting for him, of the goods
or documents of title under any sale, pledge or other disposition thereof,
to any person receiving and paying value for the same in good faith
and without notice of the previous sale, shall have the same effect as
if the person making the delivery or transfer were expressly authorized
by the owner of the goods to make the same.
See art. 14, sec. 39, and art. 14 A, sec. 48.

1910, ch. 346. sec. 44 (p. 281).

47. Where a person having sold goods continues in possession of
the goods or of negotiable documents of title to the goods and such
retention of possession is fraudulent in fact or is deemed fraudulent
under any rule of law a creditor or creditors of the seller may treat
the sale as void.