This supplier sold goods on the basis of a ‘separate storage’ obligation.  The buyer is probably in breach of contract for mixing the goods with others.

Few buyers obey the separate storage obligation that they accept when they buy the goods.  But, in some circumstances, the buyer cannot use his own breach of contract (mixing the goods) to deny the supplier’s title to the mixture.  That may, or may not, be the case here.

Here is an example of a separate storage obligation.

The Buyer must store the Seller’s goods separately from the Buyer’s own goods (and goods belonging to others) and clearly marked as the Seller’s property.

This whole issue is too complex for this web-site to offer any more guidance than this.  You really must take advice on this.

back