318 THE ADVENTURES OF A GENTLEMAN 



the sale ; and if he does exceed his authority in so 

 doing, he binds his master." 



In Alexander v. Gibson, 2 Campbell, 555, a ser- 

 vant being employed to sell a horse and receive the 

 price, was held to have an implied authority to war- 

 rant the horse to be sound; and '^ in an action upon 

 the warranty, it is enough to prove, that it was 

 given by the servant, without calling him, or show- 

 ing that he had any special authority for that pur- 

 pose." 



Lord Ellenborough : "If the servant was autho- 

 rized to sell the horse, and to receive the stipu- 

 lated price, I think he was incidentally authorized 

 to give a warranty of soundness. It is now most 

 usual on the sale of horses, to require a warranty : 

 and the agent who is employed to sell, when he 

 warrants the horse, may fairly be presumed to be 

 acting within the scope of his authority. This is 

 the common and usual manner in which the busi- 

 ness is done, and the agent must be taken to be 

 vested with powers to transact the business with 

 which he is entrusted, in the common and usual 

 manner." 



It is remarkable that when the servant was after- 



