SALES AND NOTICES. 2717

An. Code, sec. 67. 1910, ch. 346, sec. 64 (p. 285).

67. (1) Where, in pursuance of a contract to sell or a sale, the seller
is authorized or required to send the goods to the buyer, delivery of the
goods to a carrier, whether named by the buyer or not, for the purpose of
transmission to the buyer, is deemed to be a delivery of the goods to the
buyer, except in the cases provided for in section 40, rule 5, or unless a
contrary intent appears.

(2) Unless otherwise authorized by the buyer, the seller must make
such contract with the carrier on behalf of the buyer as may be reasonable,
having regard to the nature of the goods and the other circumstances of the
case. If the seller omits so to do and the goods are lost or damaged in
course of transit, the buyer may decline to treat the delivery to the carrier
as a delivery to himself, or may hold the seller responsible in damages.

(3) Unless otherwise agreed, where goods are sent by the seller to the
buyer under circumstances in which the seller knows or ought to know
that it is usual to insure, the seller must give such notice to the buyer as
may enable him to insure them during their transit, and if the seller
fails to do so, the goods shall be deemed to be at his risk during such transit.

An. Code, sec. 68. 1910, ch. 346, sec. 65 (p. 286).

68. (1) Where goods are delivered to the buyer, which he has not
previously examined, he is not deemed to have accepted them unless and
until he has a reasonable opportunity of examining them for the purpose
of ascertaining whether they are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery of goods
to the buyer, he is bound, on request, to afford the buyer a reasonable op-
portunity of examining the goods for the purpose of ascertaining whether
they are in conformity with the contract.

(3) Where goods are delivered to a carrier by the seller, in accordance
with an order from or agreement with the buyer, upon the terms that the
goods shall not be delivered by the carrier to the buyer until he has paid
the price, whether such terms are indicated by marking the goods with
the words " collect on delivery," or otherwise, the buyer is not entitled to
examine the goods before payment of the price, in the absence of agree-
ment permitting such examination.

This section referred to—see notes to secs. 39 and 40. Agri Mfg. Co. v. Atlantic
Fertilizer Co, 129 Md. 50.
See notes to sec. 25.

An. Code, sec. 69. 1910, ch. 346, sec. 66 (p. 286).

69. The buyer is deemed to have accepted the goods when he intimates
to the seller that he has accepted them, or when the goods have been de-
livered to him, and he does any act in relation to them which is inconsis-
tent with the ownership of the seller, or when, after the lapse of a reason-
able time, he retains the goods without intimating to the seller that he has
rejected them.

Where the condition of two upper sections of a monument has been changed and
the two bases thereof permanently appropriated, buyer has accepted property
under this section. Loeblein v. Clements, 130 Md. 629.
Cf. sec. 25.