790                             LAWS OF MARYLAND                      [CH. 538

(9)  "Buyer in ordinary course of business" means a person who
in good faith and without knowledge that the sale to him is in viola-
tion of the ownership rights or security interest of a third party in
the goods buys in ordinary course from a person in the business of
selling goods of that kind but does not include a pawnbroker. "Buy-
ing" may be for cash or by exchange of other property or on secured
or unsecured credit and includes receiving goods or documents of
title under a pre-existing contract for sale but does not include a
transfer in bulk or as security for or in total or partial satisfaction
of a money debt.

(10)   "Conspicuous": A term or clause is conspicuous when it is
so written that a reasonable person against whom it is to operate
ought to have noticed it. A printed heading in capitals (as: NON-
NEGOTIABLE BILL OF LADING) is conspicuous. Language in the
body of a form is "conspicuous" if it is in larger or other contrasting
type or color. But in a telegram any stated term is "conspicuous."
Whether a term or clause is "conspicuous" or not is for decision by
the court.

(11)  "Contract" means the total legal obligation which results
from the parties' agreement as affected by this Article and any other
applicable rules of law. (Compare "Agreement")

(12)   "Creditor" includes a general creditor, a secured creditor, a
lien creditor and any representative of creditors, including an
assignee for the benefit of creditors, a trustee in bankruptcy, a re-
ceiver in equity and an executor or administrator of an insolvent
debtor's or assignor's estate.

(13)   "Defendant" includes a person in the position of defendant
in a cross-action or counterclaim.

(14) "Delivery" with respect to instruments, documents of title,
chattel paper or securities means voluntary transfer of possession.

(15)  "Document of title" includes bill of lading, dock warrant,
dock receipt, warehouse receipt or order for the delivery of goods,
and also any other document which in the regular course of business
or financing is treated as adequately evidencing that the person in
possession of it is entitled to receive, hold and dispose of the docu-
ment and the goods it covers. To be a document of title a document
must purport to be issued by or addressed to a bailee and purport to
cover goods in the bailee's possession which are either identified or
are fungible portions of an identified mass.

(16)  "Fault" means wrongful act, omission or breach.

(17)  "Fungible" with respect to goods or securities means goods
or securities of which any unit is, by nature or usage of trade, the
equivalent of any other like unit. Goods which are not fungible shall
be deemed fungible for the purpose of this Article to the extent that
under a particular agreement or document unlike units are treated
as equivalents.

(18)  "Genuine" means free of forgery or counterfeiting.

(19)  "Good faith" means honesty in fact in the conduct or trans-
action concerned.

(20)  "Holder" means a person who is in possession of a document