294 LAWS OF MARYLAND.

CHAPTER VI.

SEC. 89. Where any right, duty or liability would arise
under a contract to sell or a sale by implication of law, it may
be negatived or varied by express agreement or by the course
of dealing between the parties, or by custom, if the custom
be such as to bind both parties to the contract or the sale.

SEC. 90. Where any right, duty or liability is declared by
this Act, it may, unless otherwise by this Act provided, be
enforced by action.

SEC. 91. In any case not provided for in this Act, the rules
of law and equity, including the law merchant, and in particu-
lar the rules relating to the law of principal and agent, and to
the effect of fraud, misrepresentation, duress or coercion, mis-
take, bankruptcy or other invalidating cause, shall continue to
apply to contracts to sell and to sales of goods.

SEC. 92. This Act shall be so interpreted and construed as
to effectuate its general purpose to make uniform the laws
of those States which enact it.

SEC. 93. The provisions of this Act relating to contracts to
sell and to sales do not apply, unless so stated, to any trans-
action in the form of a contract to sell or a sale which is in-
tended to operate by way of mortgage, pledge, charge or other
security.

SEC. 94. (1) In this Act, unless the context or subject,
matter otherwise requires—

"Action" includes counterclaim, set-off and suit in equity.

"Buyer" means a person who buys or agrees to buy goods, or
any legal successor in interest of such person.

"Defendant" includes a plaintiff against whom a right of
set-off or counterclaim is asserted.

"Delivery" means voluntary transfer of. possession from one
person to another.

"Divisible contract to sell or sale" means a contract to sell
or a sale in which by its terms the price for a portion or por-
tions of the goods less than the whole is fixed or ascertainable
by computation.

"Document of title to goods" includes any bill of lading,
dock warrant, warehouse receipt or order for the delivery of
goods, or any other document used in the ordinary course of
business in the sale or transfer of goods, as proof of the pos-
session or control of the goods, or authorizing or purporting
to authorize the possessor of the document to transfer or re-
ceive, either by indorsement or by delivery, goods represented
by such document.

"Fault" means wrongful act or default.