IN SEARCH OF A HORSE. 317 



at the time of the sale, respecting the thing sold, is 

 evidence against the principal, but not what he has 

 said at another time." 



In this case, the horse was standing at Tattersall's, 

 and had been described in the catalogue ; but before 

 the day of sale, the defendant's groom being there to 

 take care of the horse, answered the plaintiff's in- 

 quiry whether he was free from vice, in the affirma- 

 tive. The plaintiff failed to prove the warranty, but 

 in the progress of the cause Lord Ellenborough re- 

 marked, " If the servant is sent with the horse by 

 his master, and which horse is offered for sale, and 

 gives the direction respecting his sale, I think he 

 thereby becomes the accredited agent of his master, 

 and what he has said at the time of the sale, as part 

 of the transaction of selling, respecting the horse, is 

 evidence ; but an acknowledgment to that effect, 

 made at another time, is not so : it must be confined 

 to the time of actual sale, when he was acting for 

 his master." And in another place his lordship adds, 

 *' I think the master having entrusted the servant to 

 sell, he is entrusted to do all he can * to effectuate 



* Honestly, of course his Lordship means. 



