A  house  agent  JJECLARATION,  that  in  consideration  that  the  plain-

for  hit  em.  t]^f  at  the  request  of  the  defendant,  would  employ  him  as

lie  1^*™?*-  a  nonse*aoen<,»  f°r  **ne  purpose  of  letting  or  procuring  for

lectt  to  make  the  plaintiff  a  tenant  for  a  furnished  house  of  hers,  for

reasonable  in-  ,.,/.,  ,  i  i

quirics  as  to      commission  and  reward,  the  defendant  undertook  and  en-

the  tenant.Cy  °   6aSec'  w*tn  tne  plaintiff  that  he  would  use  due  care  and

attention,  as  such  house-agent,  in  and  about  the  procuring
such  tenant,  and  in  and  about  ascertaining,  or  endeavour-


SITTINGS— QUEEN'S  BENCH.  445

ing  to  ascertain,  before  letting  the  same  to  any  person,  that        1861.
such  person  was  a  fit  and  proper,  and  respectable  and
solvent  person.
Breach,  that  he  did  not  take  due  care  to  ascertain,  or
endeavour  to  ascertain,  before  he  let  the  house  to  one
Evans,  that  the  said  Evans  was  solvent,  and  let  the  house
to  him  [knowing  (a)]  that  he  was  not  solvent,  whereby  the
plaintiff  was  unable  to  obtain  her  rent,  and  sustained
damage  through  injury  done  to  the  plaintiffs  furniture  by
the  said  Evans,  and  in  endeavouring  to  obtain  compensa-
tion from  him,  which  she  failed  to  do  by  reason  of  his  not
being  responsible,  &c.
Pleas:  1.  That  the  defendant  did  not  undertake  as
alleged.
2.  That  he  did  use  due  care,  &c.
3.  Exoneration,  &c.
Ballantine,  Serjt.,  and  Lloyd,  for  the  plaintiff.
Petersdorff,  Serjt.,  for  the  defendant.
The  plaintiff,  having  a  furnished  house,  employed  the
defendant,  a  house-agent,  to  let  it.  There  was  no  express
contract  between  them.  He  introduced  Evans  to  the  plain-
tiff, telling  her  he  had  known  him  for  years,  and  that  he
was  a  respectable  man  whom  she  would  like  as  a  tenant.
