SALES AND NOTICES 3165

(3) It is not essential to the validity of a resale that notice of an inten-
tion to resell the goods be given by the seller to the original buyer. But
where the right to resell is not based on the perishable nature of the goods
or upon an express provision of the contract or the sale, the giving or
failure to give such notice shall be relevant in any issue involving the
question whether the buyer had been in default an unreasonable time
before the resale was made.

(4) It is not essential to the validity of a resale that notice of the time
and place of such resale should be given by the seller to the original buyer.

(5) The seller is bound to exercise reasonable care and judgment in
making a resale, and subject to this requirement may make a resale either

by public or private sale.

Where seller elects to resell perishable goods, he must do so within reasonable time
and in such manner as to secure the best obtainable price. Obrecht v. Crawford, 175
Md. 397.

An. Code, 1924, sec. 82. 1912, sec. 82. 1910, ch. 346, see. 79 (p. 290).

79. (1) An unpaid seller, having a right of lien or having stopped
the goods in transitu, may rescind the transfer of title and resume the
property in the goods, where he expressly reserved the right to do so in
case the buyer should make default, or where the buyer has been in default
in the payment of the price an unreasonable time. The seller shall not
thereafter be liable to the buyer upon the contract to sell or the sale, but
may recover from the buyer damages for any loss occasioned by the breach
of the contract or sale.

(2) The transfer of title shall not be held to have been rescinded by
an unpaid seller until he has manifested by notice to the buyer, or by some
other overt act, an intention to rescind. It is not necessary that such overt
act should be communicated to the buyer, but the giving or failure to give
notice to the buyer of the intention to rescind shall be relevant in any issue
involving the question whether the buyer had been in default an unrea-
sonable time before the right of rescission was asserted.

An. Code, 1924, sec. 83. 1912, sec. 83. 1910, ch. 346, sec. 80 (p. 290).

80. Subject to the provisions of this sub-title, the unpaid seller's right
of lien or stoppage in transitu is not affected by any sale or other disposi-
tion of the goods which the buyer may have made, unless the seller has
assented thereto. If, however, a negotiable document of title has been
issued for goods, no seller's lien or right of stoppage in transitu shall
defeat the right of any purchaser for value in good faith to whom such
document of any purchaser has been negotiated, whether such negotiation
be 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, 1924, sec. 84. 1912, sec. 84. 1910, ch. 346, sec. 81 (p. 290).

81. (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