142

LAWS OF MARYLAND

[Ch. 49

possession of a carrier or other bailee when he discovers
the buyer to be insolvent (§ 2—702) and may stop delivery
of carload, truckload, planeload or larger shipments of
express or freight when the buyer repudiates 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 a 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.

2—706. Seller's resale including contract for resale.

(1)    Under the conditions stated in § 2—703 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 [subtitle] TITLE (§ 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