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

(a)  of goods accepted or of conforming goods lost or damaged
within a commercially reasonable time after risk of their loss has
passed to the buyer; and

(b)   of goods identified to the contract if the seller is unable after
reasonable effort to resell them at a reasonable price or the circum-
stances reasonably indicate that such effort will be unavailing.

(2)   Where the seller sues for the price he must hold for the buyer
any goods which have been identified to the contract and are still in
his control except that if resale becomes possible he may resell them
at any time prior to the collection of the judgment. The net proceeds
of any such resale must be credited to the buyer and payment of the
judgment entitles him to any goods not resold.

(3)  After the buyer has wrongfully rejected or revoked accept-
ance of the goods or has failed to make a payment due or has re-
pudiated (Section 2
610), a seller who is held not entitled to the
price under this section shall nevertheless be awarded damages for
non-acceptance under the preceding section.

2710. Seller's Incidental Damages.

Incidental damages to an aggrieved seller include any commercially
reasonable charges, expenses or commissions incurred in stopping
delivery, in the transportation, care and custody of goods after the
buyer's breach, in connection with return or resale of the goods or
otherwise resulting from the breach.

2711. Buyer's Remedies in General; Buyer's Security Interest in
Rejected Goods.

(1)   Where the seller fails to make delivery or repudiates or the
buyer rightfully rejects or justifiably revokes acceptance then with
respect to any goods involved, and with respect to the whole if the
breach goes to the whole contract (Section 2
612), the buyer may
cancel and whether or not he has done so may in addition to re-
covering so much of the price as has been paid

(a)  "cover" and have damages under the next section as to all
the goods affected whether or not they have been identified to the
contract; or

(b)  recover damages for non-delivery as provided in this Sub-title
(Section 2—713).

(2)   Where the seller fails to deliver or repudiates the buyer may
also

(a)  if the goods have been identified recover them as provided
in this Sub-title (Section 2
502); or

(b)  in a proper case obtain specific performance or replevy the
goods as provided in this Sub-title (Section 2
716).

(3)  On rightful rejection or justifiable revocation of acceptance
a buyer has a security interest in goods in his possession or control
for any payments made on their price and any expenses reasonably
incurred in their inspection, receipt, transportation, care and custody
and may hold such goods and resell them in like manner as an
aggrieved seller (Section 2
706).

 

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Session Laws, 1963
Volume 671, Page 826   View pdf image (33K)
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