280 LAWS OF MARYLAND.

tioneer to employ or induce any person to bid at such sale on
behalf of the seller, or knowingly to take any bid from the
seller or any person employed by him. Any sale contravening
this rule may be treated as fraudulent by the buyer.

SEC. 40. Unless otherwise agreed, the goods remain at the
seller's risk until the property therein is transferred to the
buyer, but when the property therein is transferred to the
buyer the goods are at the buyer's risk, whether delivery has
been made or not, except that:

(a) Where delivery of the goods has been made to the
buyer, or to a bailee for the buyer, in pursuance of the con-
tract, and the property in the goods has been retained by the
seller merely to secure performance by the buyer of his obliga-
tions under the contract, the goods are at the buyer's risk from
the time of such delivery.

(b) Where delivery has been delayed through the fault of
either buyer or seller, the goods are at the risk of the party
in fault as regards any loss which might not have occurred but
for such fault.

SEC. 41. (1) Subject to the provisions of this Act, where
goods are sold by a person who is not the owner thereof, and
who does not sell them under the authority or with the consent
of the owner, the buyer acquires no better title to the goods
than the seller had, unless the owner of the goods is by his
conduct precluded from denying the seller's authority to sell.

(2) Nothing in this Act, however, shall affect:

(a) The provisions of any factor's acts, recording acts, or
any enactment enabling the apparent owner of goods to dis-
pose of them as if he were the true owner thereof.

(b) The validity of any contract to sell, or sale under any
special common law or statutory power of sale, or under the
order of a court of competent jurisdiction.

SEC. 42. Where the seller of goods has a voidable title there-
to, but his title has not been avoided at the time of the sale.
the buyer acquires a good title to the goods; provided, he buys
them in good faith, for value, and without notice of the seller's
defect of title.

SEC. 43. Where a person having sold goods continues in
possession of the goods, or of negotiable documents of title to
the goods, the delivery or transfer by that person, or by an
agent acting for him, of the goods or documents of title under
any sale, pledge or other disposition thereof, to any person re-
ceiving and paying value for the same in good faith and with-
out notice of the previous sale, shall have the same effect as if
the person making the delivery or transfer were expressly au-
thorized by the owner of the goods to make the same.