WARRANTY BY A SERVANT OR AGENT. 85 



number of horses and would consequently be buying and sell- 

 ing horses from time to time, and this fact would be known 

 to the public. It seems to me that although he may not be 

 said to have carried on the regular business of a horse dealer, 

 yet still, from the very rovitine of the business which he did 

 carry on, he must be taken to have been a person who dealt 

 in horses, and so a person within the meaning of the rule laid 

 down in Howard v. Sheward. I should be almost inclined to 

 hold, if it were necessary to do so, that a private gentleman, 

 known to have very extensive stables and who was continu- 

 ally buying and selling horses, would come within the rule." 



Where the owner puts his horse in the hands of a horse 

 dealer to sell and the latter warrants without authority, the 

 owner is bound, as he clothed the dealer with apparent owner- 

 ship.*^ Where a livery stable keeper is authorized to sell, as 

 the owner's agent, a horse left in the stable, and, after making 

 a void sale to himself, sells it to another as its owner and not 

 as agent, the purchaser takes no title as against the original 

 owner, the keeper not having attempted to execute his 

 agency.^" 



It was said in Brady v. Todd,'^ "When the facts raise the 

 question it will be time enough to decide the liability created 

 by such a servant as a foreman alleged to be a general agent, 

 or such a special agent as a person entrusted with the sale of a 

 horse in a fair or other public mart, where stranger meets 

 stranger, and the usual course of business is for the person in 

 possession of the horse and appearing to be the owner, to 

 have all the power of an owner in respect of the sale. The 

 authority may under such circumstances as are last referred 

 to be implied, though the circumstances of the present case 

 do not create the same inference." And, in a later case, it 

 Avas accordingly held that a servant entrusted by a master with 



° Taylor v. Gardiner, 8 Ma. 310. 

 ° Witkowski V. Stubbs, 91 Ga. 440. 

 ° 9 C. B. N. S. S92, 606, cited supra. 



