2722 ARTICLE 83.

document of any purchaser has been negotiated, whether such negotiation
he prior or subsequent to the notification to the carrier or' other bailee who
issued such document, of the seller's claim to a lien or right of stoppage
in transitu.

Chapter V.

An. Code, sec. 84. 1910, ch. 346, sec. 81 (p. 290).

84. (1) Where, under a contract to sell or a sale, the property in the
goods has passed to the buyer, and the buyer wrongfully neglects or refuses
to pay for the goods according to the terms of the contract or the sale, the
seller may maintain an action against him for the price of the goods.

(2) Where, under a contract to sell or a sale, the price is payable on a
day certain, irrespective of delivery or of transfer of title, and the buyer
wrongfully neglects or refuses to pay such price, the seller may maintain
an action for the price, although the property in the goods has not passed
and the goods have not been appropriated to the contract. But it shall be a
defense to such an action that the seller, at any time before judgment in
such action, has manifested an inability to perform the contract or the
sale on his part or an intention not to perform it.

(3) Although the property in the goods has not passed, if they can not
readily be resold for a reasonable price, and if the provisions of section 85
(4) are not applicable, the seller may offer to deliver the goods to the buyer,
and if the buyer refuses to receive them, may notify the buyer that the
goods are thereafter held by the seller as bailee for the buyer. Thereafter
the seller may treat the goods as the buyer's and may maintain an action
for the price.

This section referred to in holding that where purchaser of an interest in a
patent agrees to execute notes for purchase price, that seller may recover purchase
price at law is no defense to action for specific performance. Teschner v. Falken-
walde, 135 Md. 119.

An. Code, sec. 85. 1910, ch. 346, sec. 82 (p. 291).

85. (1) When the buyer wrongfully neglects or refuses to accept and
pay for the goods, the seller may maintain an action against him for
damages for non-acceptance.

(2) The measure of damages is the estimated loss directly and naturally
resulting, in the ordinary course of events, from the buyer's breach of
contract.

(3) Where there is an available market for the goods in question, the
measure of damages is, in the absence of special circumstances showing
approximate damage of a greater amount, the difference between the'con-
tract price and the market or current price at the time or times when the
goods ought to have been accepted; or, if no time was fixed for acceptance,
then at the time of the refusal to accept.

(4) If, while labor or expense of material amount are necessary on the
part of the seller to enable him to fulfill his obligations under the contract
to sell or the sale, the buyer repudiates the contract or the sale, or notifies
the seller to proceed no further therewith, the buyer shall be liable to the