290 LAWS OF MARYLAND.

(3) It is not essential to the validity of a resale that notice
of an intention to resell the goods be given by the seller to the
original buyer. But where the right to resell is not based on
the perishable nature of the goods or upon an express provi-
sion of the contract or the sale, the giving or failure to give
such notice shall be relevant in any issue involving the ques-
tion whether the buyer had been in default an unreasonable
time before the resale was made.

(4) It is not essential to the validity of a resale that notice
of the time and place of such resale should be given by the
seller to the original buyer.

(5) The seller is bound to exercise reasonable care and
judgment in making a resale, and subject to this requirement
may make a resale either by public or private sale.

SEC. 79. (1) An unpaid seller, having a right of lien or
having stopped the goods in transitu, may rescind the transfer
of title and resume the property in the goods, where he ex-
pressly reserved the right to do so in case the buyer should
make default, or where the buyer has been in default in the
payment of the price an unreasonable time. The seller shall
not thereafter be liable to the buyer upon the contract to sell
or the sale, but may recover from the buyer damages for any
loss occasioned by the breach of the contract or sale.

(2) The transfer of title shall not be held to have been re-
scinded by an unpaid seller until he has manifested by notice
to the buyer, or by some other overt act, an intention to re-
scind. It is not necessary that such overt act should be com-
municated to the buyer, but the giving or failure to give notice
to the buyer of the intention to rescind shall be relevant in any
issue involving the question whether the buyer had been in
default an unreasonable time before the right of rescission
was asserted.

SEC. 80. Subject to the provisions of this Act, the unpaid
seller's right of lien or stoppage in transitu is not affected by
any sale or other disposition of the goods which the buyer may
have made, unless the seller has assented thereto. If, how-
ever, a negotiable document of title has been issued for goods,
no seller's lien or right of stoppage in transitu shall defeat the
right of any purchaser for value in good faith to whom such
document has been negotiated, whether such negotiation be
prior or subsequent to the notification to the carrier or other
bailee who issued such document, of the seller's claim to a lien
or right of stoppa'ge in transitu.

CHAPTER V.

SEC. 81. (1) Where, under a contract to sell or a sale, the
property in the goods has passed to the buyer, and the buyer