284 LAWS OF MARYLAND.

CHAPTER III.

SEC. 59. It is the duty of the seller to deliver the goods,
and of the buyer to accept and pay for them, in accordance
with the terms of the contract to sell or sale.

SEC. 60. Unless otherwise agreed, delivery of the goods and
payment of the price are concurrent conditions; that is to say,
the seller must be ready and willing to give possession of the
goods to the buyer in exchange for the price, and the buyer
must be ready and willing to pay the price in exchange for
possession of the goods.

SEC. 61. (1) Whether it is for the buyer to take posses-
sion of the goods or for the seller to send them to the buyer is
a question depending in each case on the contract, express or
implied, between the parties. Apart from any such contract,
express or implied, or usage of trade to the contrary, the place
of delivery is the seller's place of business if he have one, and
if not, his residence; but in case of a contract to sell or a sale
of specific goods, which to the knowledge of the parties when
the contract or the sale was made were in some other place,
then that place is the place of delivery.

(2) Where by a contract to sell or a sale the seller is bound
to send the goods to the buyer, but no time for sending them
is fixed, the seller is bound to send them within a reasonable
time.

(3) Where the goods at the time of sale are in the posses-
sion of a third person, the seller has not fulfilled his obliga-
tion to deliver to the buyer unless and until such third person
acknowledges to the buyer that he holds the goods on the buy-
er's behalf; but as against all others than the seller, the buyer
shall be regarded as having received delivery from the time
when such third person first has notice of the sale. Nothing in
this section, however, shall affect the operation of the issue or
transfer of any document of title to the goods.

(4) Demand or tender of delivery may be treated as inef-
fectual unless made at a reasonable hour. What is a reason-
able hour is a question of fact.

(5) Unless otherwise agreed, the expenses of and incidental
to putting the goods into a deliverable state must be borne by
the seller.

SEC. 62. (1) Where the seller delivers to the buyer a quan-
tity of goods less than he contracted to sell, the buyer may
reject them; but if the buyer accepts or retains the goods so
delivered, knowing that the seller is not going to perform the
contract in full, he must pay for them at the contract rate. If,
however, the buyer has used or disposed of the goods delivered
before he knows that the seller is not going to perform his con-