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A bails 100 bales of cotton marked with a particular mark to B. B, without A's consent, mixes the 100…

The Illustration to section 156 holds that "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…

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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. What are A's rights?

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Correct answer A

The Illustration to section 156 holds that "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". Where goods mixed without the bailor's consent can be separated, section 156 keeps the property in each owner and puts the cost of separation on the bailee. Shared ownership in proportion applies only to a mixture made with consent, under section 155.

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