90 SALE AND WARRANTY BY AN AGENT OR SERVANT. 



fied to the world that the general authority is circum- 

 scribed. («) But the servant of a private owner, not a 

 horse-dealer, entrusted to sell a horse on one occasion to a 

 private buyer, has not this authority, and the buyer takes the 

 risk of being able to prove that the servant had authority. (6) 

 Yet, if the servant of a private individual is to sell the horse 

 at a fair, the authority to warrant it is presumed ;(c) and the 

 same rule is applicable if the master is necessarily buying 

 and selling horses at the time \{d) but where a master is un- 

 willing to adopt a warranty given by his servant, he is bound 

 to take back the horse and return the price, (e) 



(a) Bayley, Justice, in Piclcering v. Busk, 1812, 15 East, 37, 45. 

 (6) Brady v. Todd, 1861, 9 C.B., N.S. 592, 605. 



(c) Alexander v. Gibson, 1811, 2 Camp. 555 ; Brooks v. Hassal, 1883, 49 L.T. 

 569. 



(d) Baldry v. Bates, 1885, 52 L.T. 620. 



(e) Fenn, cit. p. 89. 



