132 



wahranty; sale and warranty by agent, etc. 



Rule as to a 

 Servant bind 

 ing hia 



Master. 



Warranty by 

 a Person en- 

 trusted to 

 deliver. 



The general Eule tlien, in selling a Horse by a Servant 

 or Agent, appears to be the following : — That the master 

 or owner is bound by a Warranty given by his Servant 

 or Agent at the time of sale, icithout his consent, and 

 even against his express directions, if his Servant is his 

 general Agent to carry on his business. But the master 

 will not be bound by the "Warranty of the Servant, unless 

 the authority to give that Warranty can be proved either 

 to have been expressly or impliedly, i. e., by implication 

 of law, granted by the master. 



Although a Warranty given by a person entrusted to 

 sell prima facie binds the Principal, the Warranty of a 

 person entrusted merely to deliver the thing sold is not 

 prima facie binding on the Principal, but an express 

 authority must be shown : and therefore where a Horse 

 had been sold by A. to B., and A.'s Servant, on deliver- 

 ing the Horse to B., made certain statements, and signed 

 a receipt for the price of the Horse, containing a War- 

 ranty, it was held, in an action on the Warranty, that 

 A. was not bound by the statement or receipt of the 

 Servant, as no express authority to give the Warranty 

 was shown (o) . And where, on the purchase of a Horse, 

 the vendor had given a Warranty of Soundness generally, 

 and the Servant who "was sent with the receipt to the 

 Agent of the other party inserted at his request, but 

 without a special or general authority from his master, 

 " Warranted sound to the Eegiment," and the Horse 

 was sound when delivered in London, but was in a violent 

 Fever, of which he soon afterwards died, when he reached 

 Tewkesbury, where the Eegiment was quartered ; it was 

 held, that the master was not bound by this alteration of 

 the Warranty, notwithstanding the money afterwards 

 came to his hands {p). 



If an Agent is employed to receive a Horse, pay for it, 

 ployed to take ^^-^^ ^g^j^Q r^ Warranty, he has no authority to receive it 

 a Warranty. ^.^^^^^^ ^ Warranty (<?) . 



An action in substance for the price of a Horse may be 

 brought by the seller against a pretended Agent, as in the 

 following case. It was stated in the declaration, that in 

 consideration that the plaintiff would send a Pony to the 

 defendant he would sell and deliver it to A. ; the defendant 

 undertook that he was authorized by A. to purchase it on 



Aarent em- 



Action 

 ag-ainst a pre- 

 tended Agent 



(o) Woodm V. Bnrford, 2 Cr. & 

 M. 391 ; S. C. 4 Tyrw. 264. 



[p) Strode Y, Dt/so>i, 1 Smith, 400. 



(q) Jordan v. Norton, 14 M. & W. 

 155. 



