3160 ARTICLE 83

(5) Unless otherwise agreed, the expenses of and incidental to putting
the goods into a deliverable state must be borne by the seller.

An. Code, 1924, sec. 65. 1912, sec. 65. 1910, ch. 346, sec. 62 (p. 284).

62. (1) Where the seller delivers to the buyer a quantity of goods
less than he contracted to sell, the buyer may reject them; but if the buyer
accepts or retains the goods so delivered, knowing that the seller is not
going to perform the contract in full, he must pay for them at the con-
tract rate. If, however, the buyer has used or disposed of the goods de-
livered before he knows that the seller is not going to perform his con-
tract in full, the buyer shall not be liable for more than the fair value to
him of the goods so received.

(2) Where the seller delivers to the buyer a quantity of goods larger
than he contracted to sell, the buyer may accept the goods included in the
contract and reject the rest, or he may reject the whole. If the buyer
accepts the whole of the goods so delivered, he must pay for them at the
contract rate.

(3) Where the seller delivers to the buyer the goods he contracted to
sell mixed with goods of a different description not included in the con-
tract, the buyer may accept the goods which are in accordance with the
contract and reject the rest, or he may reject the whole.

(4) The provisions of this section are subject to any usage of trade,
special agreement, or course of dealing between the parties.

As goods were ordered to be delivered at once, purchaser had right to refuse ac-
ceptance of part on vendor's refusal to ship balance until payment on account made.
Finkelstein v. Morganstern, 144 Md. 390.

Buyer entitled under this section to reject an offer of part of the goods bought.
Frey & Son, Inc. v. Magness, 161 Md. 380.

An. Code, 1924, sec. 66. 1912, sec. 66. 1910, ch. 346, sec. 63 (p. 285).

63. (1) Unless otherwise agreed, the buyer of goods is not bound
to accept delivery thereof by installment.

(2) Where there is a contract to sell goods to be delivered by stated
installments, which are to be separately paid for, and the seller makes
defective deliveries in respect of one or more installments, or the buyer
neglects or refuses to take delivery of or pay for one or more installments,
it depends in each case on the terms of the contract and the circumstances
of the case whether the breach of contract is so material as to justify the
injured party in refusing to proceed further and suing for damages for
breach of the entire contract, or whether the breach is severable, giving rise
to a claim for compensation, but not to a right to treat the whole contract
as broken.

A contract held not to be in accordance with this section; but if it were, the buyer
was justified in treating the contract as rescinded or cancelled, because seller drew
on vendee before delivery with bill of lading attached, and upon non-payment of
draft instructed railroad not to deliver goods and notified buyer. Hazel Hill Co. v.
Roberts Bros., 129 Md. 315.

If this section applied, the refusal of buyer to accept delivery of tomatoes tendered
in conformity with contract was a breach thereof which justified seller in refusing
to proceed further with contract and suing for breach thereof; prayers. Law apart
from this section. Roberts v. Link, 142 Md. 683.

See notes to sec. 62.

An. Code, 1924, sec. 67. 1912, sec. 67. 1910, ch. 346, sec. 64 (p. 285).

64. (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