SELLING BY SERVANTS. 501 



of his ordinary calling, shall make a contract on a 

 Sunday, that contract would be void." 



Again, Bloxsome t. Williams, where Bloxsome 

 made a bargain with Williams, who was a horse- 

 dealer, (but of which fact he was ignorant at the 

 time,) for a horse on a Sunday, which was war- 

 ranted, but proved unsound, it was held by Mr. 

 Justice Bailey, that Bloxsome, having no know- 

 ledge that Williams was a horse-dealer, and exer- 

 cising his calling on a Sunday, had not been guilty 

 of a breach of the law, and therefore entitled to 

 recover back the price of the horse on the action 

 for the breach of the warranty. 



In Fennell n. Ridler, it was laid down that the 

 statute before mentioned, " for the better obser- 

 vance of the Lord's Day,*" applies to private as well 

 as public conduct, and that a horse-dealer cannot 

 maintain an action upon a private contract for the 

 sale and warranty of a horse, if made on a Sun- 

 day." * 



Selling Horses by Servants. — In the case of 

 Alexander 'c. Gibson, an action was brought upon 

 a warranty given by Gribson's servant. Lord Ellen- 

 boi'ough said — " If the servant was authorised to 

 sell the horse, and to receive the stipulated price, 

 I think he was incidentally authorised to give a 

 warranty of soundness. It is now most usual, on 

 the sale of horses, to require a warranty, and the 

 agent who is employed to sell, when he warrants the 

 horse, may fairly be presumed to be acting within 

 the scope of his authority. This is the common 



* See HorsemarCs Manual, p, QQ. 



