378 THE ADVENTURES OF A GENTLEMAN 



the instance of Mr. Serjeant Wilde, on the question 

 whether it was legal for puffers to attend a sale, pro- 

 vided the bidders have notice of the fact, being the 

 position for which the learned Serjeant contended. 

 It has also been held in Bexwell v. Christie, Cow. 

 395, that where an auctioneer had received direc- 

 tions not to let a horse go under £15, and had sold 

 it for less, on which an action was brought against 

 him by the owner for the difference, the auctioneer 

 would not have been justified in arranging a bidding 

 under X15, as it would have been a fraud on the 

 sale ; and consequently, he was not liable. The 

 seller ought to have made it a condition that there 

 should be no bidding under £15, 



I have already adverted to the general question of 

 agency, but I have not alluded to a case of consider- 

 able importance in horse-dealing transactions, where 

 grooms and ostlers are frequently intrusted to sell ; 

 it is in the case of Capel v. Thornton, 3 Carrington 

 and Payne, 352 ; where it was held, that " an agent 

 authorized to sell goods, has (in the absence of ad- 

 vice to the contrary,) an implied authority to receive 

 the proceeds of such sale." 



I may also advert with propriety at this place to 



