110

LAWS OF MARYLAND

[Ch. 49

contract for sale even though the price is not settled.
In such a case the price is a reasonable price at the
time for delivery if

(a)   Nothing is said as to price; or

(b)   The price is left to be agreed by the
parties and they fail to agree; or

(c)   The price is to be fixed in terns of some
agreed market or other standard as set or recorded by a
third person or agency and it is not so set or recorded.

(2)    A price to be fixed by the seller or by the
buyer leans a price for him to fix in good faith.

(3)   When a price left to be fixed otherwise than by
agreement of the parties fails to be fixed through fault
of one party the other may at his option treat the
contract as cancelled or himself fix a reasonable price.

(4)    Where, however, the parties intend not to be
bound unless the price be fixed or agreed and it is not
fixed or agreed there is no contract. In such a case
the buyer must return any goods already received or if
unable so to do must pay their reasonable value at the
time of delivery and the seller must return any portion
of the price paid on account.

2—306. Output, requirements and exclusive dealings.

(1)    A tern which measures the quantity by the
output of the seller or the requirements of the buyer
means such actual output or requirements as may occur in
good faith, except that no quantity unreasonably
disproportionate to any stated estimate or in the absence
of a stated estimate to any normal or otherwise
comparable prior output or requirements may be tendered
or demanded.

(2)    A lawful agreement by either the seller or the
buyer for exclusive dealing in the kind of goods
concerned imposes unless otherwise agreed an obligation
by the seller to use best efforts to supply the goods and
by the buyer to use best efforts to promote their sale.

2—307. Delivery in single lot or several lots.

Unless otherwise agreed all goods called for by a
contract for sale must be tendered in a single delivery
and payment is due only on such tender but where the
circumstances give either party the right to sake or
demand delivery in lots the price if it. can be
apportioned may be demanded for each lot.