274 LAWS OF MARYLAND.

owner in common with the owner or owners of the remaining
shares.

(2) In case of fungible goods there may be a sale of an un-
divided share of a specific mass, though the seller purports to
sell and the buyer to buy a definite number, weight or measure
of the goods in the mass, and though the number, weight or
measure of the goods in the mass is undetermined. By such a
sale the buyer becomes owner in common of such a share of the
mass, as the number, weight or measure bought bears to the
number, weight or measure of the mass. If the mass contains
less than the number, weight or measure bought, the buyer be-
comes the owner of the whole mass and the seller is bound to
make good the deficiency from similar goods, unless a contrary
intent appears.

SEC. 25. (1) Where the parties purport to sell specific
goods, and the goods, without the knowledge of the seller, have
wholly perished at the time when the agreement is made, the
agrement is void.

(2) Where the parties purport to sell specific goods, and
the goods, without the knowledge of the seller, have perished
in part or have wholly or in a material part so deteriorated in
quality as to be substantially changed in character, the buyer
may, at his option, treat the sale:

(a) As avoided; or

(b) As transferring the property in all of the existing
goods, or in so much thereof as have not deteriorated, and as
binding the buyer to pay the full agreed price if the sale was
indivisible, or to pay the agreed price for the goods in which
the property passes if the sale was divisible.

SEC. 26. (1) Where there is a contract to sell specific
goods, and subsequently, but before the risk passes to the buyer,
without any fault on the part of the seller or the buyer, the
goods wholly perish, the contract is thereby avoided.

(2) Where there is a contract to sell specific goods, and
subsequently, but before the risk passes to the buyer, without
any fault of the seller or the buyer, part of the goods perish,
or the whole or a material part of the goods so deteriorate in
quality as to be substantially changed in character, the buyer
may, at his option, treat the contract:

(a) As avoided; or

(b) As binding the seller to transfer the property in all of
the existing goods or in so much thereof as have not deterio-
rated, and as binding the buyer to pay the full agreed price
if the contract was indivisible, or to pay the agreed price for
so much of the goods as the seller, by the buyer's option, is
bound to transfer if the contract was divisible.