Farmer Brown brings his crop of wheat to the local grain elevator where it is stored along with the grain of several other farmers. A few months later, the grain elevator declares bankruptcy. Who owns the grain? Can Farmer Brown get his grain back? Explain.

All of the farmers own the grain by confusion. Confusion arises when identical goods are so mixed that the owners cannot identify their own property. If the goods can be apportioned, each owner who can prove his proportion of the whole is entitled to receive his share. If the confusion results from the willful and wrongful act of one of the parties, he will lose his entire interest if unable to prove his share. If there is not enough to distribute a full share to each owner and the confusion was due to mistake, accident, or agreement, each owner will bear the loss in proportion to his share.