SALES AND NOTICES. 2703

(2) The provisions of this section apply to every such contract or sale,
notwithstanding that the goods may be intended to be delivered at some
future time, or may not at the time of such contract or sale be actually
made, procured or provided, or fit or ready for delivery, or some act may
be requisite for the making or completing thereof, or rendering the same
fit for delivery; but if the goods are to be manufactured By the seller
especially for the buyer and are not suitable for sale to others in the ordi-
nary course of the seller's business, the provisions of this section shall not
apply.

(3) There is an acceptance of goods within the meaning of this section
when the buyer, either before or after delivery of the goods, expresses by
words or conduct his assent to becoming the owner of those specific goods.

Where a tenant sells a growing crop of wheat to a party who pays therefor and
tenant gives a receipt, statute is complied with. Evidence tending to show an accept-
ance of goods within meaning of this section. Meaning of term " actually receive."
Constructive delivery of growing crops by tenant to landlord as against subsequent
bona fide purchaser without notice. When a contract is executed defendant may rely
on it, although suit may not be brought on it while executory; contract not executed.
Statute of frauds. See notes to art. 21, sec. 44. Stem v. Crawford, 133 Md. 582.

This section changes rule that a sale of a crop not yet thrashed, shucked or
gathered, was not a sale of goods, wares or merchandise, and hence was not within
17th section of statute of frauds. Purchaser held to have accepted and received
wheat and given something in payment (if his contention is correct). Although a
contract may not be enforced on account of statute of frauds it may serve as a
defence. Willard v. Higdon, 123 Md. 452.

In order to satisfy this section, there must be a delivery of goods with an attempt
to vest right of possession in vendee, and there must be an actual acceptance by
latter with intent to take possession. The wording of this section relative to accept-
ance and receipt is substantially same as 17th section of statute of frauds. Case
properly withdrawn from jury. Worthington v. Lipsitz, 131 Md. 256.

The furnishing by plaintiff to defendant of some seed and plants for use in produc-
ing a crop of tomatoes to be purchased at a price to be specified later is not in compli-
ance with portion of this section requiring something in earnest to bind contract.
The terms " earnest " and " part payment " are synonomous and mean something of
value given by buyer and accepted by seller on account of purchase price. Wenger
v. Grummel, 136 Md. 81.

Where there is no earnest money paid on a contract and no note or memorandum
in writing, the contract is not binding under this section unless buyer accepts and
actually receives at least a part of goods; there may be an acceptance without a
receipt and vice versa. What amounts to acceptance and receipt. Evidence sufficient
to go to jury. Prayers. Castle v. Swift & Co., 132 Md. 633.

A recognition of a contract in one writing or several, even with a request for a
release, refusal to perform or denial of validity of contract, is sufficient under this
section. Franklin Sugar Co. v. Egerton, 288 Fed. (CCA 4th Cir.) 698.

This section referred to in deciding that a party was not obligated to accept or pay
for goods because they were not purchased by agent actually authorized to do so
or who was held out as having such authority. Scope of authority of " buyer"
Brager v. Levy, 122 Md. 558.

Cf. sec. 69.

An. Code, sec. 26. 1910, ch. 346, sec. 23 (p. 273).

26. (1) The goods which form the subject of a contract to sell may
be either existing goods, owned or possessed by the seller, or goods to be
manufactured or acquired by the seller after the making of the contract to
sell, in this sub-title called " future goods."

(2) There may be a contract to sell goods, the acquisition of which by
the seller depends upon a contingency which may or may not happen.