84 SALE AND MORTGAGE. 



30. Warranty by a Servant or Agent — A servant of a private 

 owner of an animal who is authorized to sell it, has no implied 

 authority to give a warranty, nor, if he do so, will the master 

 be bound.®* It is otherwise if the owner is a dealer ip. such 

 animals; in that case he is bound by his servant's warranty, 

 though contrary to his own directions,®^ except where th,e 

 servant is employed simply to deliver the animal sold.®® The 

 reason of this rule is thus stated by Ashhurst, J., in Fenn v. 

 Harrison:®^ "If a person keeping livery stables and having 

 a horse to sell, directed his servant not to warrant him and 

 the servant did nevertheless warrant him, still the master 

 would be liable on the warranty, because the servant was act- 

 ing within the general scope of his authority and the public 

 cannot be supposed to be cognizant of any private conversa- 

 tion between the master and servant; but if the owner of 

 horses were to send a stranger to a fair with express directions 

 not to warrant the horse, and the latter acted contrary to the 

 orders, the purchaser could only have recourse to the person 

 who actually sold the horse, and the owner would not be liable 

 on the warranty, because the servant was not acting within 

 the scope of his employment." 



The owner of a riding school who was in the habit of buy- 

 ing and selling horses was held to be bound by the warranty 

 of a servant entrusted with the selling of a horse.®® Huddle- 

 ton, B., said : "It is necessary to look at the position occupied 

 by the defendant. He kept a large riding school, owned a 



which require a post-mortem inspection of the meal to be sold: New 

 Orleans v. Lozes (La.), 25 South. Rep. 979. 



"Brady v. Todd, 9 C. B. N. S. 592; Bank of Scotland v. Watson, i 

 Dow. 45. 



" Ibid. ; Howard v. Sheward, L. R. 2 C. P. 148. 



The agent of a horse-dealer with authority to sell a breeding stallion 

 has implied authority to warrant him to be a "sure foal-getter:" First 

 Nat. Bk. V. Robinson, 105 la. 463. 



™ Woodin V. Burford, 2 Cr. & Mee, 391. 



'3 Term 757, 760. See, also, as to warranty by a livery-stable keeper 

 or his agent, § 107, infra. 



" Baldry v. Bates, 52 L. T. N. S. 620. 



