30 WARRANTY. 



" It is also a rule of law, that where a com- 

 mission is given to execute any work, every 

 power necessary to carry it on will be implied. 

 A servant, therefore, employed to sell a horse, 

 has an implied authority to warrant that it is 

 sound ; and in the case of a general agent — for 

 example, the servant of a livery-stable keeper — 

 this warranty will bind the master though made 

 contrary to his express directions ; and in every 

 case, the warranty of a servant or agent, so 

 intrusted to sell, will bind the principal, if he do 

 not expressly prohibit it being made. 



" With respect to what declarations of the 

 seUer will amount to a warranty, the primary 

 rule for the interpretation of contracts in general 

 is applicable. It depends upon the intention of 

 the parties. 



" Thus a simple affirmation of the goodness 

 of an article is a warranty, provided it appear to 

 have been so intended; whereas the sublimest 

 epithets that seller ever employed to recommend 

 his goods to a credulous buyer, will be regarded 

 as the idle phraseology of the market, unless an 

 intention to warrant actually appear. For exam- 

 ple, when the vender declared at the time of 

 sale, that he could warrant, it was held to mean 



