156 WARRANTY. 



does so contrary to orders, the owner would not be 

 liable for breach of warranty ; but if a servant gives 

 a warranty, even contrary to his master's orders, 

 the latter is bound by his servant's warranty, pro- 

 vided that the servant is acting as agent on behalf 

 of his master. If a servant makes any alteration 

 in his master's warranty (given at the time of sale) 

 when sent to deliver the horse to the purchaser, such 

 statements do not render the seller liable. Any 

 alteration in the warranty by a servant, without 

 his master's consent, does not bind the master. 



If the buyer of a horse takes a warranty from 

 a servant of a private owner, other than at a fair or 

 public mart, the law does not bind his master, unless 

 the purchaser can prove that the latter gave him 

 authority to do so. Sellers sometimes take ad- 

 vantage of this in order to get rid of an unsound 

 horse, and so this should be borne in mind. 



When an agent is employed to receive a horse, 

 obtain a receipt for the price, and take a warranty, 

 he is not acting within his principal's authority if 

 he does not obtain such warranty. 



Sellers frequently give warranties of soundness 

 relating to certain organs. Thus, for instance, one 

 commonly finds that a horse is warranted sound in 

 wind and sight, or sound in limbs, etc. This is 



