SALES AND NOTICES 3155

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, 1924, sec. 43. 1912, sec. 43. 1910, ch. 346, sec. 40 (p. 280).

40. 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:

(a) Where delivery of the goods has been made to the buyer, or to
a bailee for the buyer, in pursuance of the contract, and the property in
the goods has been retained by the seller merely to secure performance by
the buyer of his obligations under the contract, the goods are at the buyer's
risk from the time of such delivery.

(b) Where delivery has been delayed through the fault of either buyer
or seller, the goods are at the risk of the party in fault as regards any loss
which might not have occurred but for such fault.

The situation for which sub-sec, (b) of this section provides is rather for a delay
of delivery of goods through fault of either buyer or seller than for such a refusal
to accept goods or to pay for them as amounts to a breach of contract. See notes to
sec. 38. Rylance v. Walker Co., 129 Md. 484.

This section referred to—see notes to secs. 36 and 37. Agri. Mfg. Co. v. Atlantic
Fertilizer Co., 129 Md. 46.

This section referred to in holding that where a railroad company purchased certain
pilings under an agreement to inspect the pilings and furnish cars therefor, but failed
to do so in a reasonable time, and pilings were swept away by a freshet, railroad
company was liable for the ensuing loss. B. & O. R. R. Co. v. Carter, 133 Md. 554.

See notes to sec. 38.

An. Code, 1924, sec. 44. 1912, sec. 44. 1910, ch. 346, sec. 41 (p. 280).

41. (1) Subject to the provisions of this sub-title, where goods are
sold by a person who is not the owner thereof, and who does not sell them
under the authority or with the consent of the owner, the buyer acquires
no better title to the goods than the seller had, unless the owner of the
goods is by his conduct precluded from denying the seller's authority to
sell.

(2) Nothing in this sub-title, however, shall affect:

(a) The provisions of any factor's acts recording acts, or any enact-
ment enabling the apparent owner of goods to dispose of them as if he
were the true owner thereof.

(6) The validity of any contract to sell, or sale under any special com-
mon law or statutory power of sale, or under the order of a court of compe-
tent jurisdiction.

This section applied in Winakur v. Sapourn, 156 Md. 679.
See notes to sec. 38.