WARRANTY. 153 



at or before the time of warranty, such sale can be 

 set aside on the grounds of fraudulent contract. 



Sale and Warranty by an Agent. 



If an agent be guilty of fraud in a transaction on 

 behalf of his principal, the latter becomes liable. 

 Such agent must be acting in accordance with his 

 employment. 



If a party undertakes to perform an act as the 

 agent of another, without authority from the prin- 

 cipal, or if he exceeds the power invested in him, 

 the agent becomes personally responsible. 



An agent must not exceed his authority. When 

 a person is unquestionably acting as agent, and 

 enters into a contract, on behalf of his principal in 

 that capacity, the agent cannot be sued upon the 

 contract. He can, however, be sued so as to make 

 him liable in damages for the loss sustained by the 

 person with whom he has entered into the contract. 



Damage Caused through Negligence. 



In Oliphant's " Law of Horses " a case is given 

 in which a master sent his groom with a horse to 

 a fair, and, as the distance was considerable, the 

 groom was compelled to stable the horse for a night 

 during the journey, which he did in one of his 



