APPENDIX. 169 



Warranty in Scotland. 



Warranties are less common in Scotland on account of 

 price being there a warranty in itself, which is not the case in 

 England. 



Warranty in Ireland 



Is hardly ever heard of. The buyer usually protects him- 

 self, as far as possible, by the advice of a veterinary surgeon's 

 examination. The most expert veterinarians there are in 

 the habit of attending the large horse fairs and duly protect- 

 ing all who wish for their advice for the modest fee of half-a- 

 guinea. In Ireland, properly qualified veterinary surgeons 

 may be found at all fairs of any magnitude. Irishmen make 

 httle trouble over a bad bargain, their facilities for getting rid 

 of bargains of any kind being very great, owing to the 

 frequency of Irish fairs and the unequalled knack they have 

 of showing off a horse to the best advantage. 



Warranty by Agent or Servant. 



Mr. Benjamin, in his work on Sale, says that " the agent 

 is authorised to do whatever is usual to carr>^ out the object 

 of his agency, and it is a question for the jury to determine 

 what is usual." 



An auctioneer can, and does, give warranties on behalf of 

 his employers. A horse dealer's ser^^ant used to assisting 

 his master in selling horses can also give a warranty on 

 behalf of his master, though unauthorised to do so, or even 

 instructed not to do so. 



With regard to agents or servants holding positions more 

 anomalous, Chief Justice Erie said, in the case Fen v. 

 Harrison: "If we laid down for the first time that the 

 servant of a private owner, entrusted to sell and deliver 

 a horse on one particular occasion, is therefore, by law, 

 authorised to bind his master by a warranty, we should 



