# 156 Effect of mixture, without bailor's consent, when the good can be separated

If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound to bear the expense of separation or division, and any damage arising from the mixture.

Illustration

A bails 100 bales of cotton marked with a particular mark to B. B, without A's consent, mixes the 100 bales with other bales of his own, bearing a different mark: A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.

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OF BAILMENT

152

Bailee when not liable for loss, etc., of thing bailed

153

Termination of bailment by bailee's act inconsistent with conditions

154

Liability of bailee making unauthorized use of goods bailed

155

Effect of mixture, with bailor's consent, of his goods with bailee's

157

Effect of mixture, without bailor's consent, when the goods cannot be separated