7I0JJSE AVARIt WTY. -Ol 



wKli liiiLility. Gonorally speaking, if an agent, 

 suf'li as an auctionoor, is oni])loyo(l for a jiartioular 

 jnirposo, ho lias no right to exceed liis limited au- 

 thority, lie is, in fact, a special agent; in "which 

 case it niaiidy devolves upon those having any 

 transactions with such agent, to ascertain what 

 that agent's authority really is. In such a case 

 the principal or real owner cannot be hound by 

 any act of the agent, which is outside the au- 

 thority given him. Any act, therefore, not ex- 

 pressly warranted by the terms of the authority, 

 will have no binding effect on the principal un- 

 less, by necessary implication or inference, the 

 limit of the authority covers the act. A ser^'ant is 

 somewhat different ; but, a servant authorized to 

 sell a horse, cannot exchange him for another, but 

 he must receive payment in money (A). So, again, Sen-ant 

 if a servant of the owner of a horse is intrusted to horse no 

 sell a horse, the servant is not authorized to give towurraut. 

 a warranty binding upon his master; and in case 

 a warranty is given by the servant, the onus of 

 proving that it is within the authority conferred 

 upon the servant is thrown upon the person who 

 accepts such a warranty. Thus, where a horse Avas 

 sold, and the seller's servant, on delivering the 

 horse, was induced to sign a receipt for the money, 

 and a warranty; it was held, the seller was not 

 bound by the act of the servant, who had no au- 



{f>) Alexander v. Gibso)i, 2 Canij}. 555. 



e2 



