case anonymous in a action of account against a factor he shall not be allow a  sale upon credit although the good be bonaperitura for without a special  commission a factor can sell the good of his principal except for ready money  account judgement be give quod to sum up the defendant plead before the  auditor that the good whereof he be to give a reasonable account be good to  pass away and though he be careful in the keep of they yet they be much the  worse that they remain in his hand for want of buyer and be in danger of be  worse and therefore he sell they upon credit to a man beyond sea the plaintiff  demurrer and the whole court after argument by barrel sergeant for the  plaintiff and Baldwin sergeant for the defendant be of opinion that the plea  be not good for if a merchant deliver good to his factor id merchandizand be  can sell they upon credit but for ready money unless be have a particular  commission from his master so to do for if he can find no buyer he be not  answerable and if they be good to pass away and can be sell for money upon the  delivery the merchant must give he authority to sell upon trust if they be  burn or he be rob without his own default he be not liable and in this case it  be not plead that be can not sell the good for ready money and the sale itself  be make beyond sea where the buyer be not to be find like the case of Sadock v  Burton a Bulst Yelv a where in account against a factor be plead that he sell  the jewel to the king of Barbary for the modern er p plaintiff use and upon a  demurrer the plea be hold nought for when a factor have a bare authority to  sell in such case he have no power to give a day of payment but must receive  the money immediate upon the sale modern therefore in the case at bar if the  master be not bind by the contract of the servant without his consent or at  least the good come to his use neither shall the servant have authority to  sell without ready money unless he have a particular order for that purpose  there be another thing move in this case for the plaintiff that the plea ought  to be put in upon oath for have plead that be can not sell without loss he  ought to swear it Fitzherbert account but no opinion be deliver herein only  the chief justice say that the plaintiff ought to have require the plea upon  oath for otherwise it be not necessary but for the substance of the plea it be  hold ill and judgement be give for the plaintiff