INDEX. 589 



WARRANTY AND SALE BY AGE^T— continued. 

 misrepresentation collateral to the contract, 119 

 damage caused by his negligence, id. 

 servant putting up glandered horse in stable of another, 



id. 

 undisclosed principal, 120 



where vendor does not know that there is a principal, 



id. 

 alteration of account between principal and agent, id. 

 where vendor knows name of principal, id. 

 vendoi-'s election, id. 



where vendor does not know name of principal, id. 

 person described as agent may be proved to be principal, 



principal cannot be proved to be an agent, id. 

 their respective rights of action on a contract, id. 



warranty by a servant as special agent, id. 



when entrusted to sell horse privately, 122 

 when entrusted to sell horse at a fair, id. 



warranty by a servant as general agent, id. 



servant of horse-dealer has implied authority to war- 

 rant, id. 

 illustration of rule, id. 

 evidence of custom not to warrant, 124 

 warranty by servant of horse-dealer on incidental mat- 

 ter, id. 



warranty by a servant after sale, 125 



warranty by a servant forbid to give one, id. 



warranty by a stranger forbid to give one, 126 



master unwilling to stand by his servant's warranty, id. 



rule as to a servant binding his master, id. 



warranty by a person entrusted to deliver, 127 



agent employed to take a wan-anty, id. 



action against a pretended agent, id. 



proof in warranty by a servant, 181 



WARRANTY DISTINGUISHED FRO^iI REPRESENTA- 

 TION, 



representation intended as a warranty, 134 

 recommendation of the seller, id. 

 affirmation as to value, id. 



distinction between a warranty and a representation, id. 

 where a representation amounts to a warranty, 135 

 it must form part of the contract, id. 

 and be made pending contract, id. 

 intention of parties, 135, 136 

 question to be put to jury, 136 

 rule as to warranty and representation, id- 

 mere expression of opinion, id. 

 selling according to a pedigree, 137 

 partly a warranty and partly a representation, id. 

 jury must decide between a warranty and a representation, 



138 

 judgment in Behn v. Burness, 139, 140 



WARTS, 100 



