278 LAWS OF MARYLAND.

make a present sale, but to give the buyer an option to return
the goods instead of paying the price, the property passes to
the buyer on delivery, but he may revest the property in the
seller by returning or tendering the goods within the time
fixed in the contract; or, if no time has been fixed, within a
reasonable time.

(2) When goods are delivered to the buyer on approval,
or on trial, or on satisfaction, or other similar terms, the
property therein passes to the buyer.

(a) When he signifies his approval or acceptance to the
seller, or does any other act adopting the transaction;

(b) If he does not signify his approval or acceptance to
the seller, but retains the goods without giving notice of rejec-
tion, then if a time has been fixed for the return of the goods,
on the expiration of such time, and, if no time has been fixed,
on the expiration of a reasonable time. What is a reasonable
time is a question of fact.

Rule 4. (1) Where there is a contract to sell unascer-
tained or future goods by description, and goods of that de-
scription and in a deliverable state are unconditionally appro-
priated to the contract, either by the seller, with the assent of
the buyer, or by the buyer, with the assent of the seller, the
property in the goods thereupon passes to the buyer. Such
assent may be expressed or implied, and may be given either
before or after the appropriation made.

(2) Where, in pursuance of a contract to sell, the seller
delivers the goods to the buyer, or to a carrier or other bailee
(whether named by the buyer or not), for the purpose of trans-
mission to or holding for the buyer, he is presumed to have
unconditionally appropriated the goods to the contract, except
in the cases provided for in the next rule and in Section 38.
This presumption is applicable, although by the terms of the
contract the buyer is to pay the price before receiving delivery
of the goods, and the goods are marked with the words "col-
lect on delivery," or their equivalents.

Rule 5. If the contract to sell requires the seller to deliver
the goods to the buyer, or at a particular place, or to pay the
freight or cost of transportation to the buyer, or to a particu-
lar place, the property does not pass until the goods have been
delivered to the buyer or reached the place agreed upon.

SEC. 38. (1) Where there is a contract to sell specific
goods or where goods are subsequently appropriated to the
contract, the seller may, by the terms of the contract or appro-
priation, reserve the right of possession or property in the
goods until certain conditions have been fulfilled. The right
of possession or property may be thus reserved, notwithstand-