3172 ARTICLE 83

If there be no such creditors, the affidavit shall so state.

Thereupon, it shall be the duty of the person who shall bargain for, or
purchase, or offer for sale as agent, bargain for or purchase for another,
any stock of goods, wares or merchandise, or fixtures of any kind, or of
goods, wares or merchandise of any kind and fixtures, in bulk, at least
ten (10) days before the completion of said purchase or the payment there-
for or undertaking to sell, to notify, personally or by registered mail, each
of said creditors of the said vendor of said proposed sale, the price to be
paid therefor, the time set for the sale of said goods or fixtures, or goods
and fixtures, if same are to be sold at public auction, and the terms and
conditions thereof, and a copy of the statement of creditors, their priority
as heretofore provided for. Provided, however, that any creditor whose
name has been omitted from such statement and who may give written
notice of his claim to the purchaser prior to distribution by the purchaser,
shall, thereafter, be entitled to share equally with the other creditors en-
titled to the benefits of this and the succeeding section as to the proceeds of
such sale or transfer as are then held by the purchaser.

Failure to notify creditors and give statement under oath, etc., does not invalidate
sale as between parties or affect others than subsisting creditors. Zimmerman v.
Garfinkel, 144 Md. 397 (decided prior to act 1927, ch. 534).

See notes to art. 66, sec. 32.

Sale contrary to art. 83, sec. 19 (now repealed), formerly constituting "Sales in
Bulk" law, was held not conclusive evidence of fraud, but that it only threw burden
on purchaser to prove transaction bona fide. Purchase upheld. Hart v. Roney, 93
Md. 433.

Sec. 19, et seq. (now repealed), formerly constituting the "Sales in Bulk" law,
referred to in interpleader proceeding. Horner v. Lehman, 130 Md. 277.

The failure to comply with the Sales in Bulk Act had no effect as between parties
in contract for the sale of stock in trade, shop and equipment of a garage. Fifer v.
Hoover, 163 Md. 387.

The transfer of partnership assets to a corporation formed by its members held
invalid as to creditors because made in disregard of this and following sections. Where
assets and stock which are so transferred in bulk includes "goods, wares and merchan-
dise" within purview of this section, it is immaterial whether certain articles bought
from attacking creditor were within that description. Equitable remedy and decree
upheld. Sakelos v. Hutchinson Bros., 129 Md. 304.

The sales in bulk act, as amended, is found in secs. 97-100. This act does not limit
rights of creditors to those having merchandise account, but it does not apply to a
fee for legal services, which was not a subsisting debt when sale took place.

Default in bond to protect purchaser under sales in bulk act. Fidelity & Dep. Co.
of Md. v. Thomas, 133 Md. 272.

As to fraudulent conveyances, see art. 39B.

This section and secs. 98-100 cited but not construed in Atlantic Lumber Corp. v.
Waxman, 162 Md. 193.

See White v. Robertson Mfg. Co., 170 Md. 693.

An. Code, 1924, sec. 101. 1912, sec. 101. 1912, ch. 451, sec. 99. 1914, ch. 409, sec. 99.
1927, ch. 534, sec. 101. 1929, ch. 567.

98. Whenever any person shall bargain for or purchase, or sell as an
agent, bargain for or purchase for another, any stock of goods, wares or
merchandise of any kind, or fixtures, or of goods, wares or merchandise of
any kind and fixtures, in bulk, for cash or on credit, and shall pay any part
of the purchase price to such vendor, or execute or deliver to the vendor
therefor or to his order, or to any person for his use, any promissory note
or other evidence of indebtedness for said purchase price or any part
thereof (except the payment of a sum not to exceed ten (10) per cent, of
the purchase price, as a deposit, as hereinafter provided), without first
having demanded and received from said vendor or from his agent the
statement provided for in Section 97 hereof and verified as herein pro-
vided, and without paying or seeing to it that the purchase money of said