Sec. 7.207. GOODS MUST BE KEPT SEPARATE; FUNGIBLE GOODS. (a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled.
(b) If different lots of fungible goods are commingled, the goods are owned in common by the persons entitled thereto and the warehouse is severally liable to each owner for that owner's share. If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts the warehouse has issued against it, the persons entitled include all holders to which overissued receipts have been duly negotiated.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 7 - Documents of Title
Subchapter B. Warehouse Receipts: Special Provisions
Section 7.201. Person That May Issue a Warehouse Receipt; Storage Under Bond
Section 7.202. Form of Warehouse Receipt
Section 7.203. Liability for Nonreceipt or Misdescription
Section 7.204. Duty of Care; Contractual Limitation of Warehouse's Liability
Section 7.205. Title Under Warehouse Receipt Defeated in Certain Cases
Section 7.206. Termination of Storage at Warehouse's Option
Section 7.207. Goods Must Be Kept Separate; Fungible Goods
Section 7.208. Altered Warehouse Receipts