SALE AND WAERANTY BY AN AGENT OR SERVANT. 89 



carcase, at midnight, and it was boiled down for manure 

 before morninof. It turned out tbat the horse had been 

 stolen, and was worth £10 ; and it was held that the 

 chemist was liable for the negligent buying on the part of 

 his servant, (a) A servant is not entitled to buy on his 

 master's credit. Thus, where a servant injured his master's 

 carriage, and sent it for repairs to a coachmaker not usually 

 employed by him, Lord Ellenborough held that, on the 

 master's refusal to pay the account, the coachbuilder was not 

 entitled to retain the carriage in security, on the ground that 

 unless the master had been in the habit of employing the 

 tradesman, the servant had no authority to bind his master 

 to contracts he had no knowledge of (6) 



The question, how far a servant has power to sell,(c) or 

 warrant his master's horse, has been the subject of several 

 decisions in England. It depends what kind of service the 

 servant is engaged in. Thus, " if a horse-dealer, or person 

 keeping livery stables, expressly direct his servant not to 

 warrant him, and he does so, the master is, nevertheless, 

 bound by the warranty ; as it is within the general scope of 

 his employment. But if the owner were to send a stranger 

 to a fair, with express instructions not to warrant, and he 

 did so, the master is not bound, "(t?) This case was followed 

 by another on the first point — viz., that a horse-dealer's ser- 

 vant has an implied power to warrant his master's horse in 

 the face of express orders to the contrary, and bind him 

 accordingly, (e) and Willes, J., says of the authority to 

 warrant : — " It arose out of the general character of the 

 transaction, and any person dealing with the agent of a 

 horse-dealer has a right to assume it," and in a similar case 

 the reason given was because . . . the master has not noti- 



(o) Faulds V. Townscnd, 1861, 23 D. 437. 



(b) Hiscox, cit. 



(c) Morrison v. Stutter, 1885, 12 R. 1152, of the authority of a head shepherd 

 to buy sheep. 



(ri) Fcnn V. ffarrison, 1790, 3 T.R. 757, per Athurst, J., 757, 769. 

 (c) Howard v. Sheward, 1866, L.R., 2 C.P. 148. 



