LAW OF THE FARM. 319 



iipOQ an errand for the farmer, and, instead of taking it to the stable, used it 

 in going upon an errand of his own, without the farmer's knowledge or con- 

 sent, and while doing so, negligently ran into and injured another's horse, it 

 was decided that the farmer was not liable. 



A farmer is liable for trespass of his hired man, done honestly in the course 

 of his employment — as cutting timber on land of an adjoining proprietor. 



The liability of the farmer proceeds upon the ground that an act is done in 

 the course of the employment. If the farmer himself would not be liable had 

 he done the injury, he is not liable if done by his hired man. And if the 

 third person so injured knows that your hired man is acting contrary to his 

 ■employment, he is without remedy. 



The farmer is not liable for a wrongful, willful, and unlawful act of his 

 hired man toward a third person, although he professes to be acting within his 

 employment, if the act be entirely independent, and outside of, and having no 

 proper connection with the employment. As, if he should make a wanton 

 and unprovoked assault, or wantonly drive the farmer's wagon against another. 

 So, when, through the negligence of one's driver, the carriage wheels became 

 entangled with those of another party, and the driver struck the other"'s 

 horses with his whi}), and they suddenly started and overturned the other car- 

 riage, the employer of such hired man was not liable. 



One more illustration : Suppose it to be the duty of your hired man to 

 unload a certain load of wood, by throwing the wood overboard, and in so 

 doing he accidentally or purposely hits and wounds a bystander — you are lia- 

 ble. But if this unloading was no part of his duty at the time, and he should 

 purposely throw a stick at and injure a bystander, you would not be liable. 

 The test of the responsibility is not whether the act was done according to 

 instructions, but whether it was done in the prosecution of the business that 

 the hired man was employed to do. And if the hired man, in doing a par- 

 ticular act in a particular mamier, departs from the appointed mode of per- 

 formance to inflict a wanton injury on a third person, the employer will not 

 be liable. 



LECTURE NUMBER SIXTEEN. 



SALE OF FAKM PRODUCTS. 



A sale is a contract between parties to pass rights of property for money 

 which the buyer pays, or promises to pay, to the seller for the thing bought 

 and sold, and is to be controlled by the intention of the parties. If I say to 

 you, '■' I will sell you my horse for fifty dollars," and you say you will give it, 

 the bargain is struck, and if I tender you the horse you must pay me the 

 price. If you immediately tender me the fifty dollars the horse is yours, but 

 if neither the money be paid nor the horse delivered it is no sale, and I may 

 dispose of the horse as I please. As soon as the bargain is struck the property 

 in the article sold is transferred to the buyer, and that of the price to the 

 seller, but the buyer cannot take the article away until he pays or tenders the 

 price agreed upon ; yet if he tenders the money to the seller, and he refuses 

 it, the buyer may seize the article or have an action against the seller for 



