502 HORSE-DEALING. 



and usual method in which the business is done, 

 and the agent must be taken to be vested with 

 power to transact the business with which he is 

 intrusted in the common and usual manner. 



" I am of opinion, therefore, that if the defen- 

 dant's servant warranted this horse to be sound, 

 the defendant is bound by the warranty." 



Mr. Justice Bailey, Pickering «. Busk, went 

 farther than Lord Ellenborough, and said — "If the 

 servant of a horse-dealer, with express directions 

 not to warrant, does warrant, the master is bound ; 

 because the servant, having a general authority to 

 sell, is in a condition to warrant, and the master 

 has not notified to the world that the general 

 authority is circumscribed." 



In an analogous case of Fenn ^\ Harrison, where 

 the above opinions were quoted. Lord Kenyon 

 doubted the propriety of a master's being bound by 

 his servant's warranty, and said he thought the 

 maxim of " respondeat superior" applied. 



A difference of opinion appearing on this point, 

 the safest way is, for the master to write down the 

 instructions for his servant, if he himself do not 

 choose to be referred to. 



Fraud. — In order to set aside a bargain for 

 horses, (or indeed for any thing else,) any fraud or 

 deception practised at the time of the sale will void 

 the contract; and it is not absolutely necessary 

 that the horse should be unsound, so as to consti- 

 tute a breach of warranty, in order to annul a bar- 

 o-ain where fraud has been practised. But if a man 

 will not use his endeavours to protect his own in- 



