towarniuf. 



:y4 noRsi: wAUit vmy. 



thority to warrant (/). Tho pmver to glvo a war- 

 ranty, however, might 1)0 frequently implied, 

 wlierover a general authority is given by a ]>riu- 

 eipal or master to an agent or servant; this in- 

 cludes a power to do all acts necessary to perform 

 and carry out that, for which the general authority 

 was given. 

 Sen-ants In the caso of Alexander v. Gibson (J), a servant, 



Imtf.oriK who was scnt to sell a horse at a fair, and autho- 

 rized to receive the price, gave a warranty that 

 the horse was sound, without having any special 

 authority to do so, but without any limitation of 

 authority. It was held tliat the master was bound. 

 Lord EUenborough, in giving judgment, said : 

 " If the servant was authorized to sell the horse 

 and to receive the stipulated price, I think he was 

 also authorized to give a warranty for soundness. 

 It is now most usual on tho sale of horses to 

 require a warranty, and the agent who is em- 

 ployed to sell, when he warrants the horse, may 

 fairly bo presumed to be acting within tho scope 

 (^f his authority. This is the common and usual 

 manner in which tho business is done, and the 

 agent must be tak<'n to be vested with powers to 

 transact tho business with which he is intrusted in 

 tho usual manner." In this ca.se, it is .said that 

 the master was a horso dealer, and that the ser- 



(•) jroodi» V, nur/onl, 2 C k Jfy. 301 : I Tyr. 204. 

 {/} '2 Cump. 5.')'). Sro ulf*o Jlth/rnr v. Jfiiidr, .') K.xp. 71. 



