Seller loaded 190 boxes of fish onto a railway carriage. Buyer was to have 20 of theses boxes. There was no separation of the 20 boxes from the 190 boxes. The fish went off. Had the property and risk passed from the seller to the buyer? The court held that as the 20 boxes were not separated or otherwise distinguished from the other 170 boxes no property or risk had passed from the seller to the buyer. Advise the parties.

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