292 LAWS OF MARYLAND.

SEC. 83. Where the goods have not been delivered to the
buyer, and the buyer has repudiated the contract to sell or
sale, or has manifested his inability to perform his obligations
thereunder, or has committed a material breach thereof, the
seller may totally rescind the contract or the sale by giving
notice of his election so to do to the buyer.

SEC. 84. Where the property in the goods has passed to the
buyer, and the seller wrongfully neglects or refuses to deliver
the goods, the buyer may maintain any action allowed by law
to the owner of goods of similar kind when wrongfully con-
verted or withheld.

SEC. 85. (1) Where the property in the goods has not
passed to the buyer, and the seller wrongfully neglects or re-
fuses to deliver the goods, the buyer may maintain an action
against the seller for damages for non-delivery.

(2) The measure of damages is the loss directly and natu-
rally resulting, in the ordinary course of events, from the sell-
er's breach of contract.

(3) Where there is available market for the goods in ques-
tion, the measure of damages, in the absence of special cir-
cumstances showing proximate damages' of a greater amount,
is the difference between the contract price and the market or
current price of the goods at the time or times when they ought
to have been delivered; or, if no time was fixed, then at the
time of the refusal to deliver.

SEC. 86. Where the seller has broken a contract to deliver
specific or ascertained goods, a court having the powers of a
court of equity may, if it thinks fit, on the application of the
buyer, by its judgment or decree, direct that the contract shall
be performed specifically without giving the seller the option
of retaining the goods on payment of damages. The judgment
or decree may be unconditional, or upon such terms and con-
ditions as to damages, payment of the price and otherwise, as
to the court may seem just.

SEC. 87. (1) Where there is a breach of warranty by the
seller, the buyer may, at his election—

(a) Accept or keep the goods and set up against the seller
the breach of warranty by way of recoupment in diminution or
extinction of the price;

(b) Accept or keep the goods and maintain an action
against the seller for damages for the breach of warranty;

(c) Refuse to accept the goods, if the property therein has
not passed, and maintain an action against the seller for dam-
ages for the breach of warranty;

(d) Rescind the contract to sell or the sale and refuse to
receive the goods; or, if the goods have already been received,