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 become necessary whether the particular representation sued upon belongs to