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Session Laws, 1963
Volume 671, Page 824   View pdf image (33K)
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826                               LAWS OF MARYLAND                        [CH. 538

(Section 2702) and may stop delivery of carload, truckload, plane-
load or larger shipments of express or freight when the buyer repudi-
ates or fails to make a payment due before delivery or if for any
other reason the seller has a right to withhold or reclaim the goods.

(2)  As against such buyer the seller may stop delivery until

(a)  receipt of the goods by the buyer; or

(b)  acknowledgment to the buyer by any bailee of the goods except
a carrier that the bailee holds the goods for the buyer; or

(c)  such acknowledgment to the buyer by a carrier by reshipment
or as warehouseman; or

(d)  negotiation to the buyer of any negotiable document of title
covering the goods.

(3)   (a) To stop delivery the seller must so notify as to enable the
bailee by reasonable diligence to prevent delivery of the goods.

(b)  After such notification the bailee must hold and deliver the
goods according to the directions of the seller but the seller is liable
to the bailee for any ensuing charges or damages.

(c)  If a negotiable document of title has been issued for goods the
bailee is not obliged to obey a notification to stop until surrender of
the document.

(d)  A carrier who has issued a non-negotiable bill of lading is not
obliged to obey a notification to stop received from a person other
than the consignor.

2706. Seller's Resale Including Contract for Resale.

(1)   Under the conditions stated in Section 2703 on seller's
remedies, the seller may resell the goods concerned or the undelivered
balance thereof. Where the resale is made in good faith and in a
commercially reasonable manner the seller may recover the difference
between the resale price and the contract price together with any
incidental damages allowed under the provisions of this Sub-title
(Section 2
710), but less expenses saved in consequence of the
buyer's breach.

(2)  Except as otherwise provided in subsection (3) or unless
otherwise agreed resale may be at public or private sale including
sale by way of one or more contracts to sell or of identification to an
existing contract of the seller. Sale may be as a unit or in parcels
and at any time and place and on any terms but every aspect of the
sale including the method, manner, time, place and terms must be
commercially reasonable. The resale must be reasonably identified as
referring to the broken contract, but it is not necessary that the goods
be in existence or that any or all of them have been identified to the
contract before the breach.

(3)   Where the resale is at private sale the seller must give the
buyer reasonable notification of his intention to resell.

(4) Where the resale is at public sale

(a) only identified goods can be sold except where there is a recog-
nized market for a public sale of futures in goods of the kind; and


 

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Session Laws, 1963
Volume 671, Page 824   View pdf image (33K)
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