He who has employed, in good faith, material belonging in whole or in part to another person for making a thing of a new kind, shall become the owner thereof, indemnifying the owner of the material for the value of the same.
When the said material is more precious than the work on which it was used or superior in value, the owner thereof may, at his option, become owner of the new thing by paying the price of the said work or claim an indemnity for the said material.
When, in the making of the new thing, there has existed bad faith, the owner of the materials has the right, either to keep the work without paying anything to the person making it; or claim from him an indemnity for the value of the material and the damages he may have suffered.
History —Civil Code, 1930, § 318.