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The core provision here, (6) is that where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title of goods, any sale, pledge or other disposition of the goods made by him when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner to make the disposition provided that the person taking the goods acts in good faith and without notice that the mercantile agent was not authorised to effect the transaction.
The question was whether, since the gallery owner was held to be a mercantile agent, he had given a good title to the purchaser of the gallery for those pictures which belonged to the consigning artists.
He cited well-known English authority, (13) which held that this meant that the agent must act "in business hours, at a proper place of business and in other respects in the ordinary way in which a mercantile agent would act".
It was held that breach of a particular usage of trade ,that diamond brokers did not pledge gems, did not exclude the mercantile agent from acting in the ordinary course of business as s.