2718 ARTICLE 83.

An. Code, sec. 70. 1910, ch. 346, sec. 67 (p. 286).

70. In the absence of express or implied agreement of the parties,
acceptance of the goods by the buyer shall not discharge the seller from
liability in damages or other legal remedy for breach of any promise or
warranty in the contract to sell or the sale. But if, after acceptance of
the goods, the buyer fail to give notice to the seller of the breach of any
promise or warranty within a reasonable time after the buyer knows or
ought to know of such breach, the seller shall not be liable therefor.

A prayer making it the duty of defendant to accept and pay for material ordered
or return it within a reasonable time after delivery, under penalty of paying
full purchase price regardless of whether such material conformed to sample, is in
conflict with this section. See notes to sec. 90. Berman v. Littauer, 141 Md. 655.

The last sentence of this section has no application where proof shows that article
sold was repeatedly sent back to seller for repairs, and that he was thus apprised
of difficulties buyer was having in its use. Rittenhouse, W. Auto Co. v. Kissner,
129 Md. 111.

An. Code, sec. 71. 1910, ch. 346, sec. 68 (p. 286).

71. Unless otherwise agreed, where goods are delivered to the buyer,
and he refuses to accept them, having the right so to do, he is not bound
to return them to the seller, but it is sufficient if he notifies the seller that
he refuses to accept them.

An. Code, sec. 72. 1910, ch. 346, sec. 69 (p. 286).

72. When the seller is ready and willing to deliver the goods, and re-
quests the buyer to take delivery, and the buyer does not within a reasona-
ble time after such request take delivery of the goods, he is liable to the
seller for any loss occasioned by his neglect or refusal to take delivery,
and also for a reasonable charge for the care and custody of the goods.
If the neglect or refusal of the buyer to take delivery amounts to a repudia-
tion or breach of the entire contract, the seller shall have the rights against
the goods and on the contract hereinafter provided in favor of the seller
when the buyer is in default.

Chapter IV.

An. Code, sec. 73. 1910, ch. 346, sec. 70 (p. 287).

73. (1) The seller of goods is deemed to be an unpaid seller within
the meaning of this sub-title:

(a) When the whole of the price has not been paid or tendered.

(b) When a bill of exchange or other negotiable instrument has been
received as conditional payment, and the condition on which it was re-
ceived has been broken by reason of the dishonor of the instrument, the
insolvency of the buyer, or otherwise.

(2) In this part of this sub-title the term " seller" includes an agent
of the seller to whom the bill of lading has been indorsed, or a consignor
or agent who has himself paid, or is directly responsible for, the price,
or any other person who is in the position of a seller.