HORSE WARRANTY. 



It is not absolutely necessary to give a -svTittcn 

 authority to an auctioneer to sell or to complcto the 

 contract on behalf of buyer and seller (y>), however 

 desirable it may be to do so. An authority may 

 be implied from the act of the party, although no 

 authority was ever given, as when the owner of a 

 horse sends it to a common repository for the sale 

 of horses, the owner woidd be bound by the sale of 

 the animal, if made to a bona fide pm'chaser, even 

 without liis express consent. An authority to sell 

 would be presumed from the act of sending the 

 horse to the repository (7). 



The possession of a horse at a public place like 

 a repository is in the auctioneer, and he makes the 

 contract and can maintain an action on it. AVTicre, 

 however, goods or horses are sold at a private place, 

 as is sometimes the case now with hunters and race- 

 horses, it is doubtful whetlier the auctioneer has 

 sufli an interest in the things sold as to recover 

 the ]>rice; as per AVilson, J., in WiUiatnH v. Mil- 

 linijtun {)•). However, in that case, Lord Lough- 

 borougli said, " An auctioneer has a possession 

 coupled with an interest in goods which ho is cm- 

 jtloyed to sell, lujt a bare custody, like a servant or 

 shopman. There is no difference, whether the sale 



(/>) Actbal\. Levy, 10 B\a\(. 370. 



(7) riekfrituj v. JSiiik, \b KnBl, 38—13; iJycr v. rcariton, 3 

 B. & C, 42 ; irilliaiiin v. JJarton, 3 Ding. 139. 



(r) 1 H. Bl. 81. iJut HOC Jlcia v. Can; 2G L. J., Ex. 39 ; 1 

 II. & N. 481. 



