APPENDIX. 169 
Warranty in Scotland. 
Warranties are less common in Scotland on account of 
price being there a warranty in itself, which is not the case in 
bs » England. 
i 
Warranty in Ireland 
- Is hardly ever heard of. The buyer usually protects him- 
self, as far as possible, by the advice of a veterinary surgeon’s 
examination. The most expert veterinarians there are in 
the habit of attending the large horse fairs and duly protect- 
ing all who wish for their advice for the modest fee of half-a- 
guinea. In Ireland, properly qualified veterinary surgeons 
may be found at all fairs of any magnitude. Irishmen make 
little trouble over a bad bargain, their facilities for getting rid 
of bargains of any kind being very great, owing to the 
_ frequency of Irish fairs and the unequalled knack they have 
of showing off'a horse to the best advantage. 
Warranty by Agent or. Servant. 
Mr. Benjamin, in his work on Sale, says that “the agent 
is authorised to do whatever is usual to carry out the object 
of his agency, and it isa question for the jury to determine 
what is usual.” 
An auctioneer can, and does, give warranties on behalf of 
his employers. A horse dealer’s servant used to assisting 
his master in selling horses can also give a warranty on 
behalf of his master, though unauthorised to do so, or even 
instructed not to do so. 
With regard to agents or servants holding positions more 
anomalous, Chief Justice Erle said, in the case Fen v. 
Harrison: “If we laid down for the first time that the 
“servant of a private owner, entrusted ‘to sell and deliver 
a horse on one particular occasion, is therefore, by law, 
‘authorised to bind his master by a warranty, we should 
