26. Warranty given by agent.

An agent to sell is not always an agent to warrant1, but when a groom or servant is sent to sell a horse, slight evidence is sufficient to prove an agency to warrant2. A distinction has generally been made between the servant of a private seller and that of a horse-dealer3; if the servant or agent of a private individual takes upon himself to warrant, in the absence of authority to do so, the master is not bound, unless the sale be made at a fair or other public market, in which case the servant or agent is more