154 WARRANTY. 



master's tenants' stables. The horse had glanders, 

 and he infected other members of the stud. 



It was held by the Court of Session in Scotland 

 that putting the horse into the tenant's stable was 

 an act done by the servant in the proper execution 

 of his duty, and for which the master was liable 

 upon proof of the servant's knowledge of the 

 disease. 



" A servant employed by a horse dealer as his 

 agent to carry on his business has an implied 

 authority to warrant the horses sold by him for 

 his principal as sound, without any special 

 authority for such purposes " (Oliphant's " Law 

 of Horses "). 



In the case of Howard v. She ward, this is typically 

 illustrated. 



The plaintiff asked the proprietor's brother — the 

 proprietor being a horse dealer — if the latter knew 

 of a horse that would suit him. He answered in 

 the affirmative, and the animal was shown to him, 

 and he purchased it for £315. The proprietor's 

 brother said, " I'll guarantee the horse is sound," 

 though the animal was, at plaintiff's request, 

 examined and passed as sound. 



Shortly afterwards it was proved to have been 

 unsound at the time of sale, and the plaintiff 



