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Session Laws, 1963
Volume 671, Page 812   View pdf image (33K)
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814                               LAWS OF MARYLAND                        [CH. 538

in goods by identification of existing goods as goods to which the
contract refers even though the goods so identified are nonconform-
ing and he has an option to return or reject them. Such identification
can be made at any time and in any manner explicitly agreed to by
the parties. In the absence of explicit agreement identification occurs

(a)  when the contract is made if it is for the sale of goods already
existing and identified;

(b)  if the contract is for the sale of future goods other than those
described in paragraph (c), when goods are shipped, marked or
otherwise designated by the seller as goods to which the contract
refers;

(c)  when the crops are planted or otherwise become growing crops
or the young are conceived if the contract is for the sale of unborn
young to be born within twelve months after contracting or for the
sale of crops to be harvested within twelve months or the next normal
harvest season after contracting whichever is longer.

(2) The seller retains an insurable interest in goods so long as title
to or any security interest in the goods remains in him and where the
identification is by the seller alone he may until default or insolvency
or notification to the buyer that the identification is final substitute
other goods for those identified.

(3) Nothing in this section impairs any insurable interest recog-
nized under any other statute or rule of law.

2502. Buyer's Right to Goods on Seller's Insolvency.

(1)  Subject to subsection (2) and even though the goods have not
been shipped a buyer who has paid a part or all of the price of goods
in which he has a special property under the provisions of the im-
mediately preceding section may on making and keeping good a
tender of any unpaid portion of their price recover them from the
seller if the seller becomes insolvent within ten days after receipt of
the first installment on their price.

(2)  If the identification creating his special property has been
made by the buyer he acquires the right to recover the goods only
if they conform to the contract for sale.

2503. Manner of Seller's Tender of Delivery.

(1)  Tender of delivery requires that the seller put and hold con-
forming goods at the buyer's disposition and give the buyer any
notification reasonably necessary to enable him to take delivery. The
manner, time and place for tender are determined by the agreement
and this Sub-title, and in particular

(a)  tender must be at a reasonable hour, and if it is of goods they
must be kept available for the period reasonably necessary to enable
the buyer to take possession; but

(b)  unless otherwise agreed the buyer must furnish facilities
reasonably suited to the receipt of the goods.

(2)   Where the case is within the next section respecting shipment
tender requires that the seller comply with its provisions.


 

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Session Laws, 1963
Volume 671, Page 812   View pdf image (33K)
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