235 



his principal. The nature of an agent's authority, 

 and the manner in which he may be constituted, 

 will appear more fully hereafter, when I advert to 

 the subject of warranty. 



On all these points, it will be prudent to refer to 

 the case of Coles v. Trecothick, 9 Vesey, 234 • 

 where a very laboured judgment has been given 

 by Lord Eldon, upon the construction of the sta- 

 tute of frauds, in reference to the agency of an 

 auctioneer, and generally to the authority of an 

 agent to sign a memorandum within the statute : 

 Coles V. Trecothick is considered a leading case. 



There is only one topic remaining connected 

 with the original making of the contract, to which 

 I propose to allude. 



It is much to be regretted that in the case of 

 horse-dealing, more perhaps than in any other of 

 the ordinary transactions of life, the decorum of 

 the sabbath is violated ; and I must acknowledge 

 with sorrow, that I have too often had occasion 

 personally to witness this fact. The purchase of a 

 horse is as often considered a matter of amusement, 

 as one of business ; and Sunday being an idle day, 

 when young men are generally on the look-out for 

 amusement, a lounge in a dealer's stables is a 

 common resource : this may be noticed particu- 

 larly at Tattersall's -, the horses, it is true, are not 



