3. Jones had 50 crates of oranges equally divided between grades A, B, and C, grade A being the highest quality and C being the lowest. Smith had 1,000 crates of oranges, about 90 percent of which we re grade A, but some of which were grades B and C, the exact percentage of each being unknown. Smith willfully mixed Joness crates with his own so that it was impossible to identify any particular crate. Jones seized the whole lot. Smith demanded 900 crates of grade A and 50 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?