Indian Contract Act, 1872
156. Effect of mixture, without
bailor's consent, when the goods 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 be 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 expenses incurred in the separation of the bales, and
any other incidental damages.