''Seixas & Seixas v. Woods'' 2 Cai. R. 48 (N.Y. Sup. Ct. 1804) was an 1804 American case which contributed to precedent around the doctrine of ''

caveat emptor ''Caveat emptor'' (; from ''caveat'', "may he/she beware", a subjunctive form of ''cavēre'', "to beware" + ''ēmptor'', "buyer") is Latin for "Let the buyer beware". It has become a proverb in English. Generally, ''caveat emptor'' is the contrac ...

''. The plaintiff Seixas & Seixas purchased wood from the defendant and alleged that he had been delivered a lower grade of wood than he had contracted to purchase.

Summary

The defendant received wood from a house in

New Providence New Providence is the most populous island in the Bahamas, containing more than 70% of the total population. It is the location of the national capital city of Nassau, whose boundaries are coincident with the island; it had a population of 246 ...

, which he was the agent and in the invoice it was described as braziletto, but was actually "peachum wood", a wood of inferior quality. He advertised it as braziletto and sold it to had made out the bill of parcels as braziletto and delivered it to the plaintiff. In the sales transaction neither side knew it to be other than briziletto, nor was any fraud imputed. There was no evidence of fraud or an express warranty. There was no expressed or implied warranty on the wood. Upon delivery plaintiff discovered the wood delivered was not braziletto and filed suit arguing that there was an

implied warranty In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale. These assurances are characterized as war ...

. The court ruled in favor of the defendant and that he was not liable to a refund and has acted in good faith. There was no warranty or deceit, the purchaser purchases at his peril and should have taken more care in inspecting the wood. Mentioning the wood as braziletto in the bill of parcels and in the advertisement prior to the sale, did not amount to a warranty.

Significance

''Seixas v. Wood'' relies heavily on the English case of ''

Chandelor v Lopus ''Chandelor v Lopus'' (1603) 79 ER 3 is a famous case in the common law of England. It stands for the distinction between warranties and mere affirmations and announced the rule of ''caveat emptor'' (buyer beware). Facts A man paid £100 for wh ...

'', and is the American counterpart to ''Chandelor'' in developing the rule "

." '' Laidlaw v. Organ'', an 1817 decision by Chief Justice

John Marshall John Marshall (September 24, 1755July 6, 1835) was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835. He remains the longest-serving chief justice and fourth-longes ...

, is believed to have been the first U.S. Supreme Court case which laid down the rule of caveat emptor.Professor Eben Moglen
/ref>

References

External links

*'' Commentaries on American Law'' by

James Kent James Kent may refer to: *James Kent (jurist) (1763–1847), American jurist and legal scholar * James Kent (composer) (1700–1776), English composer *James Kent, better known as Perturbator, French electronic/synthwave musician *James Tyler Kent ...

and George Franklin Comstoc

{{United States contract case law New York Supreme Court cases United States contract case law 1804 in United States case law 1804 in New York (state)