Action against jones to recover what he demanded

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Reference no: EM131390947

Jones had fifty crates of oranges equally divided between grades A, B, and C, grade A being the highest quality and C being the lowest. Smith had one thousand crates of oranges, about 90 percent of which were grade A, but some of which were grades B and C, the exact percentage of each being unknown.

Smith willfully mixed Jones's crates with his own so that it was impossible to identify any particular crate. Jones seized the whole lot. Smith demanded nine hundred crates of grade A and fifty crates each of grades B and C. Jones refused to give them up unless Smith could identify particular crates.

This Smith could not do. Smith brought an action against Jones to recover what he demanded or its value. Judgment for whom, and why?

Reference no: EM131390947

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