2710 ARTICLE 83.

thereby. If, however, the bill of lading provides that the goods are delivera-
ble to the buyer or to the order of the buyer, or is indorsed in blank, or
to the buyer, by the consignee named therein, one who purchases in good
faith, for value, the bill of lading, or goods from the buyer, will obtain
the property in the goods, although the bill of exchange has not been
honored; provided, that such purchaser has received delivery of the bill
of lading, indorsed by the consignee named therein, or of the goods, with-
out notice of the facts making the transfer wrongful.

Unless it appears that the only purpose of the seller in taking bill of lading in
his own name and sending it with draft attached, etc., was to secure performance
of contract by buyer, the form of bill cannot be interpreted as intended only for
such purpose. Seller held to have reserved both property in goods and right of pos-
session thereof. Remedies of a seller upon buyer's refusal to accept goods. Where
seller reserves property in goods by sending draft with bill of lading attached, and
buyer declines to pay draft, whereupon seller leaves goods on dock and they are
stored in a warehouse and there destroyed by fire, loss falls on seller. Rylance v.
Walker, 129 Md. 481.

Prior to adoption of this section it had been uniformly held in Maryland that
contracts of sale wherein vendor reserves title to property until contract price was
paid were valid between vendor and vendee and as to all persons claiming under latter
with notice, but that they were hot binding as to bona fide purchasers without notice.
Praeger v. Implement Co., 122 Md. 308; Stem v. Crawford, 133 Md. 588.

This section referred to—see notes to secs. 39 and 40. Agri. Mfg. Co. v. Atlantic
Fertilizer Co., 129 Md. 47.

This section and sec. 43 held not to affect obligation of seller under a contract to
deliver sugar to purchaser. Edgar v. Imperial Ice Cream Co., 139 Md. 642.

See art. 14, sec. 41, and notes to sec. 25 (this article).

An. Code, sec. 42. 1910, ch. 346, sec. 39 (p. 279).
42. In the case of sale by auction:

(1) Where goods are put up for sale by auction in lots, each lot is the
subject of a separate contract of sale.

(2) A sale by auction is complete when the auctioneer announces its
completion by the fall of the hammer, or in other customary manner. Un-
til such announcement is made, any bidder may retract his bid; and the
auctioneer may withdraw the goods from sale, unless the auction has been
announced to be without reserve.

(3) A right to bid may be reserved expressly by or on behalf of the
seller.

(4) Where notice has not been given that a sale by auction is subject
to a right to bid on behalf of the seller it shall not be lawful for the seller
to bid himself or to employ or induce any person to bid at such sale on
his behalf, or for the auctioneer to employ or induce any person to bid
at such sale on behalf of the seller, or knowingly to take any bid from the
seller or any person employed by him. Any sale contravening this rule
may be treated as fraudulent by the buyer.

An. Code, sec. 43. 1910, ch. 346, sec. 40 (p. 280).

43. Unless otherwise agreed, the goods remain at the seller's risk until
the property therein is transferred to the buyer, but when the property
therein is transferred to the buyer the goods are at the buyer's risk,
whether delivery has been made or not, except that: