728. When authority to make representation is implied.

728.     When authority to make representation is implied.

A person is deemed to have the implied authority of another person to make a representation which is made in the course and within the scope of his employment by that other person or, in the case of a partnership, of the partnership business or undertaking1. In applying this rule, the nature of the service, employment, business or undertaking must first be proved; and the question then is whether making representations at all is within the class of acts incidental to it2. If it is, the further inquiry may