IN SEARCH OF A HORSE. 259 



agents lawfully authorized ; an auctioneer is a law- 

 fully authorized agent of both parties, but the memo- 

 randum which he makes of the sale must be a suffi- 

 cient memorandum, answering the description which 

 I have already given. It is not necessary that the 

 agent should possess an authority in writing ; it is 

 quite sufficient if his authority to act is sustained by 

 the circumstances in which he is placed, or the ver- 

 bal instructions given to him by his principal. The 

 nature of an agent's autliority, and the manner in 

 which he may be constituted, will appear more fully 

 hereafter, when I advert to the subject of warranty. 



On all these points, it will be prudent to refer to 

 the case of Coles v. Trecothick, 9 Vesey, 234 ; where 

 a very labored judgment has been given by Lord 

 Eldon, upon the construction of the statute of frauds, 

 in reference to the agency of an auctioneer, and 

 generally to the authority of an agent to sign a 

 memorandum within the statute : Coles v. Trecothick 

 is considered a leading case. 



There is also a case of Graham v. Musson, which 

 I find reported in the "Law Journal" of the 5th of 

 June, 1839, in which it was held that a memoran- 

 dum of a sale, entered and signed by the vendor's 



