Sale 1327 | Post War and Contemporary Art

Page 1

POST WAR AND CONTEMPORARY ART APRIL 24, 2024 CHICAGO

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CONTEMPORARY
SALE 1327 April 24, 2024 | Chicago 10:00am CT | Live Lots 1-82 HIGHLIGHTS PREVIEW Auction Room and Galleries 1550 West Carroll, Chicago, IL fineart@hindmanauctions.com
POST WAR AND
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April 23 | 10-5pm PROPERTY PICK UP HOURS Monday–Friday | 9:00am–4:00pm By appointment 312.280.1212 CONTENTS Post War and Contemporary Art | Lots 1-82 . . . . . . . . . . . . . 4 Freeman’s | Hindman Team 92 Artist Index 94 Buyers Guide 95 Conditions of Sale 96
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POST WAR AND CONTEMPORARY ART

LOTS 1-82

PROPERTY FROM THE TRUSTS AND ESTATES OF HELENE CUMMINGS KARP, PALM BEACH, FLORIDA

RENEE AND SANDY BANK

PROPERTY FROM THE COLLECTIONS OF

A PRIVATE COLLECTION, ATLANTA, GEORGIA

A PRIVATE COLLECTION, CHICAGO, ILLINOIS & CHARLESTON, SOUTH CAROLINA

A PRIVATE COLLECTION IN NAPLES, FLORIDA

PRIVATE COLLECTION, NEW YORK

A PRIVATE COLLECTION, U.S.A.

A PRIVATE COLLECTION, VERO BEACH, FLORIDA

BARTON FAIST, CHICAGO, ILLINOIS

DAVID MANILOW

DEBRA AND HARRY SEIGLE, CHICAGO, ILLINOIS

DENTONS US LLP

DR. AND MRS. CONSTANTINE MAMOURIS, NEW YORK, NEW YORK

FERN & MANFRED STEINFELD, BOCA RATON, FLORIDA

HARVEY SCHAFFNER, CHICAGO, ILLINOIS

JANE BERGER, NAPLES, FLORIDA

RICHARD J. HANNA AND BYRON S. DUNHAM, CHICAGO AND SAVANNAH

SANDRA EU, NEW YORK, NEW YORK

PROPERTY SOLD TO BENEFIT:

DEACCESSIONED FROM THE BOCA RATON MUSEUM OF ART

TO BENEFIT THE ACQUISITIONS FUND

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Lot 72
OPPOSITE
4 POST WAR AND CONTEMPORARY ART
1 Sheila Hicks (American, b. 1934) Untitled cotton embroidery on linen signed Shelia Hicks (verso) 18 x 15 inches. $10,000 - 15,000

Property from the Collection of Sandra Eu, New York, New York

Provenance:

Pat Hearn Gallery, New York

Leo Castelli Gallery, New York

Literature:

Valerie Gladstone, Peter Schuyff’s New Math, ARTnews, New York, New York, vol. 87, no. 3, March, 1988, pp. 159, illus.

$10,000 - 15,000

5 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
2 Peter Schuyff (Dutch/American, b. 1958) Seattle, 1986 acrylic on linen signed Schuyff and dated (verso) 75 x 75 inches.

Provenance:

Gallery One, Toronto

Private Collection

$15,000 - 25,000

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3
Kenneth Noland (American, 1924-2010) Rains, 1985 - 2002 painted monotype on paper signed Noland, titled and dated (verso) 52 3/4 x 94 1/4 inches.

4 Albert Stadler (American, 1923-2000)

Ellie, 1967 acrylic on canvas signed Albert Stadler, titled and dated (verso) 42 x 22 inches.

$3,000 - 5,000

7 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM

5 Jules Olitski (Ukrainian/American, 1922-2007) Mop Rider, 1969 acrylic on canvas signed Jules�Olitski, titled and dated (verso) 79 x 21 inches.

Provenance: Lawrence Rubin Gallery, New York Hokin Gallery, Palm Beach

Sold: Christie’s, New York, September 23, 2005, Lot 214

Private Collection

$50,000 - 70,000

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6 Larry Poons (American, b. 1937)

Untitled (15-A), 1976 acrylic on canvas signed L. Poons, titled and dated (verso) 86 x 32 inches.

Provenance:

M. Knoedler & Co., Inc., New York

Irving Galleries, Palm Beach

Private Collection

$50,000 - 70,000

9 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM

7

Lynne Drexler (American, 1928-1999)

Raked Off, 1989 oil on canvas signed Lynne Drexler, titled and dated (verso) 36 x 31 inches.

Property from a Private Collection, U.S.A.

Provenance: The Artist

The Collection of Jerry Vis, Monhegan Island

Exhibited:

New York, New York, Meredith Ward Fine Art, Lynne Drexler: The Monhegan Island Years, Works from the Jerry Vis Collection, May 12July 28, 2023 (cover illus.)

$20,000 - 30,000

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Lynne

(American, 1928-1999) Trunk Grass, 1980 oil on canvas signed Lynne Drexler, titled and dated (verso) 30 x 36 inches.

Property from a Private Collection, U.S.A.

Provenance: Elizabeth Moss Galleries, Portland/Falmouth, Maine

Exhibited:

New York, New York, Meredith Ward Fine Art, Lynne

Drexler: The Monhegan Island Years, Works from the Jerry Vis Collection, May 12 - July 28, 2023, illus.

$20,000 - 30,000

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8 Drexler

Provenance: Maya Polsky Gallery, Chicago Private Collection

$10,000 - 15,000

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9 Ed Paschke (American, 1939-2004) Calzatura, 1995 oil on linen signed E. Paschke (lower right); signed, titled and dated (verso) 24 x 36 Inches.

10

Barbara Rossi (American, 1940-2023)

Words for the Water, 1977 acrylic on masonite signed Barbara Rossi, titled and dated (verso) 36 x 48 inches.

Provenance:

Sold: Susanin’s Auctioneers, March 25, 2021, Lot 6020

Private Collection

Literature:

Dennis Adrian, Barbara�Rossi��Selected�Works,� 1967�1990, The Renaissance Society at The University of Chicago, Chicago, Illinois, 1991, pp. 12

$20,000 - 40,000

Lot Note:

A champion of clarity and unique graphic vision, Barbara Rossi’s distinctive painterly formula rated her a key contributor and beloved artist within the Chicago Imagists. Within this band of creatives, which boasts other noted artists such as Christina Ramberg, Jim Nutt, Gladys Nilsson, and Karl Wirsum, existed an artistic current where formal sensibilities were shared and reimagined. Some shared visual characteristics included an exploration of organic shapes, execution of sharp contours, choice of vivid color, and calculated applications of paint. Imagism is also defined by its content which is inherently figurative and whimsical. Out of these shared proclivities, Rossi’s works are celebrated for their clarity of expression, where compositions are calculated and linework is neatly defined. Extracting from the figure, Rossi paints inventive anatomies and complicated structural interiors that cleverly reach into the territory of abstraction. Words for the Water is a prominent painting that reflects the artist’s distinctive oeuvre. Here her fixation on the reimagined figure contains weighted bodily shapes that twist and circulate within a colored atmosphere.

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11

Anton

Interieur

Property from the Collection of David Manilow

Provenance: Entwistle, London

$10,000 - 15,000

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Henning (German, b. 1964) No. 78, 2000 oil on canvas initialed AH and dated (lower right); titled (verso) 62 x 72 inches.

Picture, 2009

$10,000 - 15,000

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12 Angel Otero (Puerto Rican, b. 1981) Missing silicone, spray paint and oil on canvas signed Angel Otero, titled and dated (verso) 40 x 36 inches.

A SLIVER OF KATZ’S WORLD

The subject of more than 200 solo exhibitions and international acclaim, the signature style of Alex Katz (American, b. 1920) is a deliberately vibrant visual language between realism and abstraction, ambivalence and intimacy. Coming of age alongside the titans of New York’s Abstract Expressionism of the 1950s, Katz boldly favored flatness of color and form rather than gestural primacy and raw emotion. His work is deceptively simple; his technique of painting wet on wet evokes a lustrous finish to his canvases, defying two-dimensionality even in their flatness.

The bulk of Katz’s oeuvre can be divided into two categories: portraiture and landscape, and we are pleased to offer you an excellent example of each in Ariel (2016-17) and Golden Field #1 (2001).

Part familiar figure and part otherworldly specter, Ariel is a quietly moody portrait of Ariel Vieth, a model and frequent muse of Katz’s. Her back is turned to the viewer, the shock of brightness in her hair balancing out the darkened background; you can somehow tell she is beautiful without even seeing her face. Ariel feels like spotting a friend across the street, like the anticipation of wondering if she will turn around and see you, too. Ariel is not the only recurring character in Katz’s work – in their 60–year marriage, Katz has painted over 250 portraits of his wife, Ada. “It’s a conceit in a way,” Katz said in an interview. “It’s like you can paint the same river twice differently. I often paint in the same place. It’s like painting Ada over and over again—to see if you can get something else out of the same subject matter.” (Quoted in Alex Katz is Cooler Than Ever, Smithsonian Magazine, August 2009)

This repetition is also found in Golden Field #1, the first in a series of landscapes drenched in a buttery yellow light. In both Golden Field #1 and Ariel, Katz is simply painting his environment, flash-in-the-pan moments he captures in thick brushstrokes and meditatively stylized forms. In both works, Katz shares his world, either in downtown New York City among the cultural avant-garde, or in the heart of nature at his home in coastal Maine. In looking at his work, the viewer is transported and feels as though they too are in on it, that they are someone who sees the specialness in otherwise normal moments, seeing beauty just as Katz can.

“Realist painting has to do with leaving out a lot of detail,” said Katz in an interview, “I think my painting can be a little shocking in all that it leaves out. But what happens is that the mind fills in what’s missing. It’s about being able to see something in a specific way. Painting is a way of making you see what I saw.” (Quoted in I prefer Stan Getz to Sartre, The Irish Times, March 3, 2007)

13 Alex Katz (American, b. 1927) Ariel, 2016-17 oil on linen signed Alex Katz and dated (verso) 66 x 48 inches.

The Private Collection of Debra and Harry Seigle, Chicago, Illinois

Provenance: Richard Gray Gallery, Chicago

$300,000 - 500,000

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14 Alex Katz (American, b. 1927) Golden Field #1, 2001 oil on canvas signed Alex Katz and dated (verso) 48 x 60 inches.

The Private Collection of Debra and Harry Seigle, Chicago, Illinois

Provenance:

Galerie Thaddaeus Ropac, Paris

Sold: Phillips, November 16, 2007, Lot 222 Pace Wildenstein, New York

Exhibited:

Paris, Galerie Thaddaeus Ropac, Alex Katz: Beach Scenes and Landscapes, March 15 - April 15, 2002

$150,000 - 250,000

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15 Stanley Boxer (American, 1926-2000) Tendergrasses, 1972 oil on linen signed S. Boxer, titled and dated (verso) 8 1/4 x 74 inches.

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

Provenance: Hokin Gallery, Palm Beach

Purchased from the above by the present owner in 1992

$6,000 - 8,000

16 Simeon Braguin (Ukrainian/American, 1907-1997) Untitled (Abstract) acrylic on canvas signed Simeon Braguin (verso) 20 x 26 inches.

$2,000 - 4,000

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17

Pat Lipsky (American, b. 1941)

Immirem-Immimo, 1971

acrylic on canvas signed Pat Lipsky, titled, inscribed and dated (verso) 77 x 104 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance:

The Collection of David R. Lipsky, 1976 (as Pink Sunset)

André Emmerich Gallery, New York

$10,000 - 15,000

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18

Donald Hamilton Fraser (British, 1929-2009)

Landscape Composition IV, 1969 oil on canvas signed Fraser, titled and dated (verso) 18 x 14 inches.

Provenance:

Gimpel Fils Gallery, London

Purchased directly from the above in 1969

Thence by descent to the present owner

Exhibited: London, England, Gimpel Fils Gallery, May 20June 21, 1969, no. 25

$2,000 - 4,000

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Provenance:

Jaffe Baker Gallery, Boca Raton

$4,000 - 6,000

20

Ronnie Landfield

b. 1947)

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance:

Hokin Gallery, Palm Beach, Florida

$6,000 - 8,000

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25 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
Larry Zox (American, 1937-2006) Untitled, 1988 acrylic on canvas signed ZOX and dated (verso) 73 3/4 x 47 1/2 inches. Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida. (American, At First Light, 1985 acrylic on canvas signed Ronnie Landfield, titled and dated (verso) 53 x 78 inches.

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Ronnie Landfield (American, b. 1947) Sizzle, 1985 acrylic on canvas signed Ronnie Landfield, titled and dated (verso) 79 x 40 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance: Jaffe Baker Gallery, Boca Raton, Florida

$4,000 - 6,000

22

Joseph Stefanelli (American, 1921-2017) August, 1957-58 oil on canvas signed Stefanelli and dated (lower right); titled and dated (verso) 64 1/2 x 79 inches.

Provenance: Poindexter Gallery, New York

$4,000 - 6,000

23

Joseph Stefanelli (American, 1921-2017)

Guanches Wealth, 1958-60 oil on canvas signed Stefanelli and dated (lower center); titled and dated (verso) 68 x 53 1/2 inches.

$4,000 - 6,000

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Provenance:

Poindexter Gallery, New York

$100,000 - 150,000

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Michael Goldberg (American, 1924-2007) Sad Street, 1958 oil on canvas signed Goldberg, titled and dated (verso) 60 x 54 inches.

GOLDBERG’S GESTURAL ABSTRACTION

Sad Street (1955) is an expansively abstract work, all thickly applied dynamism and expressive brushwork, a brother to the Smithsonian’s Sardines and a testament to Michael Goldberg’s (American, 1924-2007) vivacious talent. Goldberg’s gestural action paintings would come to be known as the hallmark of his career as he left his mark on the Abstract Expressionist movement.

One of the final alumni of the New York School, Goldberg was born Sylvan Irwin Goldberg in the Bronx, a precocious boy who sailed through his studies and finished high school at 14. He continued his education at the City College and weekend classes at the Art Students League, skipping frequently to visit Harlem’s jazz clubs. Jazz would become a lifelong passion for Goldberg and a formative influence on his compositional approach.

With the Second World War came a near-universal interruption, and Goldberg enlisted in the army to serve in North Africa and the China-Burma-India Theatre. He would become a master sergeant and decorated veteran, receiving a Purple Heart and Bronze Star for his service before he was honorably discharged. The awards were at the cost of his mobility: wounded three times in combat, his arm was partially paralyzed. At the advice of the Veteran’s Association, he began to take stone carving and sculpting classes, which would greatly assist in his rehabilitation and expose him to elements of collage that would later become an integral part of his painting practice. During his recovery, Goldberg began to frequent Cedar Bar, running into a cast of his contemporaries that included Jackson Pollock, Franz Kline, and Mark Rothko, whose studio on the Bowery he would eventually take over.

His public debut came in 1951 with his inclusion in the Ninth Street Show, featured alongside Hans Hofmann, Jackson Pollock, Willem de Kooning, Joan Mitchell, Helen Frankenthaler, and many others. Two years later, his first solo exhibition opened at Tibor de Nagy Gallery. Unemployed and without a bank account, Goldberg has recalled in interviews that, following years of struggle, after one of his first collectors visited his studio and purchased $10,000 worth of work, Goldberg immediately went to purchase an electric blanket and spent the weekend in bed with the cash tucked safely in his arm. Recognition and appreciation for his work rolled in more steadily shortly after and would continue for the rest of his storied career.

Larger-than-life, Goldberg has been memorialized frequently in his friend Frank O’Hara’s poetry as an integral part of the culture of post-war New York--of the bustle, jazz, and artistic discourse that likewise explode in cacophony from Sad Street

Where is Mike Goldberg? I don’t know, he may be in the Village far below or lounging on Tenth Street with the gang of early-morning painters (before noon) as they discuss the geste or jest of action painting, whether it’s Yang or Yin and related to the sun or moon

Maybe he is living sketches of an ODE ON SEX which I do not intend to write in his abode or drinking bourbon in the light df his be-placticked skylight. I will goad him into Tibering and hope all’s for the best

(To Richard Miller, from The Collected Poems of Frank O’Hara, 1971, pp. 301)

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25

Syd Solomon (American, 1917-2004)

Coast Rise (Kazan’s Coast Rise), 1987 oil and acrylic on canvas signed Syd Solomon (upper right); signed, titled and dated (verso) 42 x 38 inches.

Property from a Private Collection in Naples, Florida

$4,000 - 6,000

26

Syd Solomon (American, 1917-2004)

Red Boat On the Beach (Morning Surprise), 1990 acrylic on canvas signed Syd Solomon (lower left); signed, titled and dated (verso) 42 x 36 inches.

Property from a Private Collection in Naples, Florida

Provenance: Harmon-Meek Gallery, Naples

$4,000 - 6,000

27

Syd Solomon (American, 1917-2004)

Island Symbol, 1986 oil and acrylic on canvas signed Syd Solomon (upper right); signed, titled and dated (verso) 48 x 36 inches.

Property from a Private Collection in Naples, Florida

Provenance: Harmon-Meek Gallery, Naples

$4,000 - 6,000 25

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Paul Jenkins (American, 1923-2012)

Phenomena Denver Trail Marker, 1988 acrylic on canvas signed Paul Jenkins (lower left); signed, titled and dated (verso) 45 x 21 1/2 inches.

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

Provenance: The Artist

Irving Galleries, Palm Beach Purchased from the above by the present owner in 1997

$15,000 - 25,000

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29 Paul Jenkins (American, 1923-2012)

Phenomena Devil’s Footsteps, 1968 watercolor on paper signed Paul Jenkins (lower right); signed, titled and dated (verso) 75 x 39 inches.

Provenance:

Martha Jackson Gallery

The Collection of Frederick Weisman Private Collection, acquired from the above in 1972

Thence by descent to the present owner

Literature:

Milton Rugoff, Famous Artists Annual 1: A Treasury of Contemporary Art, Famous Artists Schools, Inc., Westport, Connecticut, 1978, pp. 30, illus.

$10,000 - 15,000

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30

John Seery

(American, b. 1941)

Blue Rhythm and Tomboy, 1989 acrylic on canvas each signed John Seery, titled and dated (verso) each: 20 x 16 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance:

Hokin Gallery, Inc., Palm Beach/Bay Harbor Islands

$3,000 - 5,000

31

Jim Lutes

(American, b. 1955)

Untitled (House with Arch), 1998 watercolor and ink on paper signed Lutes (lower right) 29 x 54 inches.

The Private Collection of Debra and Harry Seigle, Chicago, Illinois

Provenance:

Zolla/Lieberman Gallery, Chicago

$3,000 - 5,000

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Jean Dubuffet

(French, 1881-1985)

Trois Personnages, 1963 watercolor and gouache on paper initialed J.D. and dated (lower right) 7 7/8 x 10 inches.

Provenance:

Galerie Beyeler, Basel, Switzerland

The Pace Gallery, New York Private Collection

Exhibited:

Basel, Switzerland, Kunstmuseum Basel, June 6, 1970 - August 2, 1970, no. 122

Niagara, New York, Niagara University, BuscagliaCastellani Art Gallery (label verso)

Literature:

Max Loreau, Catalogue des travaux de Jean Dubuffet: L’Hourloupe I, Jean-Jacques Pauvert, Paris, 1966, no. 105, EG. 44, illus.

$20,000 - 30,000

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Provenance: Galerie Stadler, Paris Private Collection

$6,000 - 8,000

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33 Antonio Saura (Spanish, 1930-1998) Dame, 1969 mixed media collage on paper signed Saura (lower right) 27 1/2 x 19 3/4 inches.

34 Cleve Gray (American, 1918-2004)

Seeing #3, 1989 acrylic on canvas signed Gray, titled and dated (verso) 34 x 40 inches.

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

Provenance:

The Artist

Irving Galleries, Palm Beach Purchased from the above by the present owner in 1997

$6,000 - 8,000

37 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM

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Suzanne McClelland

b. 1959)

“baybel” 11496a, 1996

acrylic, charcoal, synthetic medium, dry pigment and enamel on canvas signed Suzanne McClelland, titled and dated (verso) 60 x 52 inches.

Property from the Estate of Renee and Sandy Bank

Provenance:

Paul Kasmin Gallery, New York

Purchased from the above by the present owner in 1999

$4,000 - 6,000

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(American,

Provenance:

André Emmerich Gallery, New York Private Collection

$5,000 - 7,000

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Stanley Boxer (American 1926-2000) Pummeledflit, 1983 oil on linen signed S. Boxer, titled and dated (verso) 45 x 52 inches.

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Walter Darby Bannard

(American, 1934-2016)

Ledonia, 1992

acrylic on canvas signed W.D. Bannard, titled and dated (verso) 44 x 57 inches.

Provenance: Private Collection

Exhibited:

Miami, Florida, University of Miami, Lowe Art Museum, Darby Bannard: Recent Paintings, April 14 - June 3, 2012

Literature:

Brett Sokol, Artistic Evolution, Miami Magazine, University of Miami, Spring 2013, pp. 19, illus.

$4,000 - 6,000

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Provenance: Private Collection

Exhibited:

Ft. Lauderdale, Florida, Ft. Lauderdale Museum of Art, 37th Annual Hortt Memorial Competition and Exhibition, September - October, 1995

$4,000 - 6,000

41 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
38 Walter Darby Bannard (American, 1934-2016) Lithia, 1993 acrylic on canvas signed W.D. Bannard, titled and dated (verso) 56 x 67 1/2 inches.

Walter Darby Bannard (American, 1934-2016)

Typhoon, 1987

acrylic on canvas signed W.D. Bannard, titled and dated (verso) 93 1/2 x 51 inches.

Provenance:

Ann Jaffe Gallery, Bar Harbor Islands, Florida Private Collection

$6,000 - 8,000

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40 Paul Rebeyrolle (French, 1926-2005) Untitled oil on canvas signed Rebeyrolle (lower left) 38 1/2 x 32 inches. $6,000 - 8,000
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41 Tom Uttech (American, b. 1942) Service Falls, Kapiskau River, 1985 oil on canvas signed T. Uttech and dated (lower left); signed, titled and dated (verso) 51 x 56 inches. Property from the Estate of Renee and Sandy Bank $15,000 - 25,000
45 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
42 Philip Curtis (American, 1907-2000) Holiday I, 1962 oil on panel signed Philip C. Curtis (lower left) and dated (lower right) 22 x 31 inches. $5,000 - 7,000

Gertrude Abercrombie (American, 1909-1977)

Giraffe and Moon with Volcano (Giraffe and Volcano #2), 1951 oil on masonite signed Abercrombie and dated (lower right) 5 x 7 inches.

We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.

Provenance:

The Artist

Mrs. Keeler, acquired directly from the Artist in 1951

$50,000 - 70,000

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GIRAFFE AND MOON WITH VOLCANO (GIRAFFE AND VOLCANO #2)

Giraffe and Moon with Volcano (Giraffe and Volcano #2) depicts a giraffe reaching to touch a lowhanging crescent moon in an austere landscape. The animal stands near an erupting volcano in the left rear of the work and a small white stone in the right foreground. Abercrombie did many paintings of giraffes, the earliest dating to ca. 1938, close to the beginning of her career; the latest dates to 1958. In between she did at least 16 paintings in which a giraffe, or on one occasion, two giraffes, are the major subject (Two Giraffes [Giraffe Lovers], 1951, Private Collection). Sometimes a giraffe appears in the background of a scene, such as the one in Search for Rest (1951, Dijkstra Collection), which resembles the subject in Giraffe and Moon with Volcano. The largest of the paintings in which the giraffe is the main subject is 6 x 8 inches and several are the very tiny images (1 ½ x 2 inches or smaller) that Abercrombie created to be made into brooches. Although some of these cannot be located today, the popularity of this subject is attested to by the wide variety of venues in which the artist sold them, including the Associated American Artists in Chicago, Katharine Kuh Gallery, the Renaissance Society of the University of Chicago, and the South Side (Hyde Park) outdoor Art Fair.

While the giraffe in the present artwork is very similar to other known images, in which the giraffe stretches to meet the moon, with a leafless tree in the background, the volcano adds a new dimension to the composition. Introducing such a volatile element is something Abercrombie did in other paintings, for example Owl and Tornado (1956, formerly Maurer Collection) in which an owl in the foreground is juxtaposed with a dark, looming tornado approaching in the background. The contrast between the animals (both serving as Abercrombie’s alter egos) and the explosive and dangerous impending natural disaster creates a surrealism often seen in the artist’s work. Abercrombie often invoked dreams to explain her paintings, and although there are no specific references to tornadoes or volcanoes in her writings, interviews, or letters, these do have a fantastic quality that is consistent with her other work.

Why giraffes? Abercrombie famously said, “It is always myself that I paint” and even in her still life paintings and empty rooms, she is present. The repertoire of personal objects that recur in her paintings stand in for the artist herself. It is possible that the tall, long-necked Abercrombie may have found in the giraffe another stand in for herself. She adopted the owl and the cat, familiars of the witch, for compositions in which she wanted to emphasize those roles; she might have chosen to identify also with the giraffe, a less familiar creature but something of a unique outlier as she was herself. There are numerous self-portraits in which her neck is elongated (for example, Self Portrait in White Beret, 1935, Private Collection; Self Portrait of My Sister, 1941, Art Institute of Chicago; Self and Cat [Possums], 1953, formerly Maurer Collection). And in the many images of Abercrombie in a room or a landscape, her neck also appears unnaturally long (for example, A Game of Kings, 1947, location unknown; Strange Shadows [Shadows and Substance], 1950, Private Collection; Search for Rest, 1951, Dijkstra Collection; Gertrude and Christine, 1951, Private Collection). The moon, which Abercrombie also considered her personal property, is accessible to the long-necked giraffe by virtue of its height, something the artist would have loved to do herself.

And, although it is difficult to say if Abercrombie was aware of this, her interest in giraffes coincided with the widely publicized arrival of two African giraffes in New York enroute to the San Diego Zoo, where they arrived in late 1938, around the same time Abercrombie began to paint these animals. This was an event of some moment, as giraffes were a rarity in the United States at this time; reportedly there were only five of the animals in the country in 1925. Although Abercrombie did not generally reference current events in her work, the huge outpouring of publicity about the giraffes’ arrival may have stimulated her to inhabit this animal as another alter ego. This image of the giraffe reaching for the moon attests to her ownership in a simple, yet resonant way, and is typical of Abercrombie’s transformation of recognizable things of this world into evocative, meaningful, and mysterious art.

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48 POST WAR AND CONTEMPORARY ART

A FINAL BOW?

When you first come upon seeing this unusually formal and austere painting Practicing a Bow by Julia Thecla your first inclination is to think it is not a surrealist piece, only a seemingly nice beautiful gem-like work of a ballerina with a dreamy looking pink tutu on, posing in a port de bras, in front of a mirror, maybe also how nice the technique is. As you look closer, something seems a little off and unsettling, and then you realize this work is not totally enigmatic. On the left wall there can be seen a photo of Robert Edelmann in naval uniform, a good friend of Thecla’s who was an Industrialist and a philanthropist of the arts. It was early 1942: the United States had just entered World War II on Dec. 7, 1941, and Thecla was afraid for not only her friend’s life, who was then serving overseas, but what threat and impact this major war would have on her and the world.

Thecla was very much into ballet, so much so that she was commissioned to design both sets and the costumes for at least three performances. This painting’s ballerina could be one of her many dancer friends (like Bernice Holmes or Mary Guggenheim), who we see standing on a checkered rug. The pattern intentionally looks like a chess/checkerboard with symbols of clubs from playing cards on the dark squares, and an orange ball sits on top of the rug. Thecla seems to be saying, like games we play, there is always a loser, which heightens her expression of fear of what happens if we lose at the game of a worldwide war, or we bet on it. Again, her pose here is a port de bras which means“ movement of the arms” in the up position, which could symbolically say “our call to arms” to get in position to push back evil (the enemy Hitler). If our side loses, that could be the destruction of the world, humanity, arts and culture, including her big love, the ballet!

The painting seems to take more of a defeatist turn when you notice the ballerina’s “bare feet” which could convey the message of possible humility and even surrender. Most all other works of Thecla’s with a subject of ballerinas all have their dance shoes or toe shoes on. Thecla seems to bring her warning message of doom home with her Ballerina literally taking a bow, “there may not be another performance”...so, the curtain not only isn’t closing, “the curtain has been brought down” and laying over on the large gold ornate mirror, where the point of the curtain is hanging down from the top of the mirror’s frame, deliberately pointing to her back side (or her bottom) seen in the mirror, as her final message of fear to the world...”the END is near!”

44

Julia Thecla (American, 1896-1973)

Practicing a Bow, c. 1941-42 gouache, charcoal and pastel on board signed Julia Thecla and dated (lower right) 20 x 17 inches.

Property from the Private Collection of Barton Faist, Chicago, Illinois

Provenance:

Albert Roullier Galleries, Chicago

Mrs. Dora B. Goodrich, Chicago

Acquired from the above by the present owner

Exhibited:

Chicago, Illinois, Albert Roullier Art Galleries, An Exhibition of Paintings and Drawings by Julia Thecla, November 28 - December 13, 1941, no. 15

Chicago, Illinois, Findlay Galleries, The�Sixth�Annual�Women�Artists��Salon�of�Chicago, June, 1943 Springfield, Illinois, Illinois State Museum, Julia Thecla 1886-1973, November 11, 1984 - February 17, 1985; Chicago, Illinois, the State of Illinois Art Gallery, June 2 - July 25, 1986, no. 29

Chicago, Illinois, DePaul University Art Museum, Julia Thecla: Undiscovered Worlds, September 14, 2006 - November 22, 2007, no. 14

Literature:

Eleanor Jewett, Chicago Sunday Tribune, Chicago, Illinois, June 13, 1943, part 7, pp. 3

Maureen A. McKenna, Julia�Thecla�1886���1973, Illinois State Museum, Springfield, Illinois, 1984, pp. 10, fig. 10, illus. (as Practising a Bow)

Joanna Gardner-Hugget and Louise Lincoln, Julia Thecla: Undiscovered Worlds, DePaul Art Museum Publications, Chicago, Illinois, 2006, pp. 32

$15,000 - 25,000

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(American, b. 1940)

Relaxe, 2001 watercolor and gouache signed Gladys�Nilsson, titled and dated (verso) 15 1/8 x 22 3/4 inches.

Property from the collection of Dentons US LLP

$6,000 - 8,000

50 POST WAR AND CONTEMPORARY ART

Provenance:

Gasiunasen Gallery, Palm Beach Private Collection

$20,000 - 30,000

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46 Julio Larraz (Cuban/American, b. 1944) The Face of Power, 1995 oil on canvas signed Larraz (upper right) 18 x 24 inches.

47

Richard Prince (American, b. 1949)

Kristy, from The Entertainers, 1982 unique Ektachrome photograph on paper 30 x 45 inches.

Property from a Private Collection, New York

Provenance:

The Collection of Douglas Blair Turnbaugh Edward Stella Art and Architecture, Los Angeles

Purchased from the above by the present owner

Exhibited:

Los Angeles, California, Edward Stella Art and Architecture, Richard Prince: The Douglas Blair Turnbaugh Collection (1977-1988), June 11 - July 30, 2016 (as Krystie, From the Entertainers Series)

Literature:

Linda Cathcart, The�Heroic�Figure��Essays, The Contemporary Arts Museum, Houston, Texas, 1984, pp. 83 (another impression illus.)

Richard Prince, Richard Prince: The Entertainers, 1982 - 1983, Fulton Ryder, New York, 2023 (another impression illus.)

$20,000 - 30,000

52 POST WAR AND CONTEMPORARY ART

48

Shepard Fairey (American, b. 1970)

Uganda (Blanket), 2010

Rubylith stencil with collage signed Shepard�Fairey and dated (lower right) 18 x 12 1/2 inches.

Property from a Private Collection, Chicago, Illinois & Charleston, South Carolina

Provenance:

Deitch Projects, New York

$4,000 - 6,000

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Al Grand Hotel Duomo, 1966 acrylic, fabric, and passementerie collage signed baj (lower right) 36 1/4 x 28 3/4 inches.

Property from the Estate of Helene Cummings Karp, Palm Beach, Florida

Provenance: Herstein, Chicago

B.C. Holland Gallery, Chicago

Literature:

Herbert Lust, Enrico Crispolti, Roberta Baj, Enrico Baj dada impressionist: The Catalogue raisonné for Baj’s Complete Works, Guilio Bolaffi Publishing House, Turin, 1973, no. 1177, pp. 171, illus.

$20,000 - 30,000

54 POST WAR AND CONTEMPORARY ART
49 Enrico Baj (Italian, 1924-2003)

Karel

1921-2006)

Never Happy, 1971 oil on canvas signed Appel (lower right) and dated (lower left) 36 x 18 inches.

Property from a Private Collection, Vero Beach, Florida.

Provenance:

Martha Jackson Gallery, New York

$40,000 - 60,000

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50 Appel (Dutch,

51

Donald Baechler (American, 1952-2022)

Untitled (Abstract Painting with Figure), 1986 gouache, gesso and collage on canvas initialed DB, titled and dated (verso) 68 x 59 inches.

Property from the Estate of Renee and Sandy Bank

Provenance:

Acquired directly from the Artist by The Andy Warhol Foundation for the Visual Arts, New York

Paul Kasmin Gallery, New York

Purchased from the above by the present owner in 1996

$20,000 - 40,000

56 POST WAR AND CONTEMPORARY ART
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52 Jonathan Green (American, b. 1955) Enigma, 1987 oil on canvas signed Jonathan Green and dated (lower right) 48 x 36 inches. Property from the Estate of Renee and Sandy Bank $10,000 - 15,000

53

Ed Clark (American, 1926-2019)

Standing Woman at the Chair, 1949-50 oil on canvas signed Clark, titled and dated (verso) 34 x 24 inches.

Provenance:

Acquired directly from the Artist by the present owner in 2001

$50,000 - 70,000

Lot Note:

Over the course of the last several decades, Ed Clark has continually extended the language of American abstraction through his experimentations with the material properties of paint and the physicality of color–hallmarks of his revolutionary oeuvre. Produced in 1949-50, Standing Woman at the Chair serves as a salient example of Clark’s fascination and commitment to the abstract form, which precludes his eventual exploration of abstraction fully devoid of figuration.

Through vibrant colors and bravura brushwork, Clark harnesses the essential elements of the female figure and injects the subject with tangible soul. Moreover, Standing Woman at the Chair provides a manifestation of the brooding luminosity of hues and the variety of texture, depth, and color gives the work a distinct energy so true to Clark’s body of work.

Standing Woman at the Chair has never been seen in public and was acquired directly from the artist.

58 POST WAR AND CONTEMPORARY ART

Provenance:

The Artist, Paris, c. 1959

Galatea Arte, Bologna R.S. Johnson Fine Art, Chicago

$6,000 - 8,000

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54 Duilio (Dubè) Barnabè (Italian, 1914-1961) Figura seduta, fondo grigio (Sitting Figure, Grey Background), 1950 oil on canvas signed Barnabè and dated (upper right) 40 x 27 inches.

55

Duilio (Dubè) Barnabè (Italian, 1914-1961)

Basilica (Cathedral no. 2)

oil on canvas

35 7/8 x 56 1/4 inches.

Provenance:

The Estate of the Artist

Francis Briest

R.S. Johnson Fine Art, Chicago

$3,000 - 5,000

60 POST WAR AND CONTEMPORARY ART

Provenance:

Oger & Blanchet, Paris

R.S. Johnson Fine Art, Chicago

$3,000 - 5,000

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56 Duilio (Dubè) Barnabè (Italian, 1914-1961) Coupe de fruits sur une table, c. 1958 oil on canvas signed Barnabè (lower right) 20 x 24 inches.

Rowan Gillespie

Fragments of a Dream, 1979

ROWAN, dated and numbered 4/9 17 1/4 x 8 x 8 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

62 POST WAR AND CONTEMPORARY ART

58 Rowan Gillespie (Irish, b. 1953)

The Egg, 1979 unique aluminum sculpture signed ROWAN, dated, and inscribed ‘individual item’ 34 x 8 x 8 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

$8,000 - 12,000

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Boaz Vaadia (American/Israeli, 1951-2017) Milka, bronze and bluestone inscribed   and numbered A�P 11 x 9 x 6 1/2 inches.

$6,000 - 8,000  1999 VB

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

64 POST WAR AND CONTEMPORARY ART

60 Sorel Etrog (Canadian, 1933-2014) Metamorphosis, bronze inscribed   and numbered 2�7 53 x 17 x 6 inches.

c. 1962-63

ETROG

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance:

The Collection of Mrs. Henry Marcus Purchased from the above by the present owner in 1979

$30,000 - 50,000

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Provenance: Fay Gold Gallery, Atlanta Private Collection

$10,000 - 15,000

66 POST WAR AND CONTEMPORARY ART
61 Louise Nevelson (American, 1899-1988) Untitled, 1982 mixed media collage signed Louise Nevelson and dated (lower right) 32 x 20 inches.

Provenance:

$3,000 - 5,000

Private Collection, acquired directly from the Artist Thence by descent to the present owner

67 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
62 Minoru Togashi (Japanese, b. 1931) Stairway to the Void, VII, 1978 marble with stone base inscribed M. Togashi, titled and dated 24 x 25 x 5 inches.
68 POST WAR AND CONTEMPORARY ART
63 Richard Howard Hunt (American, 1935-2023) Hybrid Muse, 1985 bronze 19 1/2 x 9 x 6 inches. $7,000 - 9,000

Denis Mitchell (British, 1912-1993)

bronze

Gunwalloe, 1975

inscribed DAM, titled, dated and numbered 1/7 29 x 35 x 10 inches.

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

Provenance:

Alwin Gallery, London

Acquired from the above by the present owner in 1977

Literature:

Ex. Cat: Festival�Exhibition�of�Sculpture�by�Denis�Mitchell, Glynn Vivian Art Gallery and Museum, Swansea, United Kingdom, 1979, another cast illus. (as Gunwallow)

$5,000 - 7,000

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65

Albert Oehlen (German, b. 1954)

Untitled, 2009 paper, ink and pencil on paper signed A. Oehlen and dated (lower right) 11 x 8 inches.

Provenance:

Corbett vs. Dempsey, Chicago

Acquired from the above by the present owner David Nolan Gallery, New York

$10,000 - 15,000

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66

Albert Oehlen (German, b. 1954)

Untitled, 2008 mixed media on paper signed A. Oehlen and dated (lower right) 11 3/4 x 12 inches.

Provenance:

Corbett vs. Dempsey, Chicago

Acquired from the above by the present owner

Exhibited: Chicago, Illinois, Corbett vs. Dempsey, A Vanguard with Decorum, May 14 - June 27, 2009

The present lot was used as the album cover for Creep Mission by David Grubbs, released in 2017.

$10,000 - 15,000

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72 POST WAR AND CONTEMPORARY ART

STEREO III

Al Held’s (American, 1928 - 2005) masterful hard-edge abstraction and exactingly minimalist approach is at its peak in Stereo III (1975), a work comprised of dizzyingly choreographed positive and negative shapes in decisive yet delicate black linework, contrasted against a flatly applied white background. Stereo III is from the heart of Held’s black and white period: from 1967-79, he reduced his palette, challenging himself to intensify the clarity and structure of his work without decorative color. Other works from this period have found homes in the collections of the Denver Art Museum (Black Nile II, 1971), the Whitney Museum of American Art (South-Southwest, 1973), the Museum of Fine Arts, Boston (Jupiter V, 1974), and the Metropolitan Museum of Art (Mercury Zone III, 1975), among others.

Held was born in Brooklyn to Jewish Eastern-European immigrants, the youngest of three children. His strong interest in art was encouraged by his mother, a talented seamstress and amateur artist herself. After leaving high school, Held served two years in the Navy, enlisting a few months after the end of World War II to work on submarines. Following his service, he used the GI Bill to continue his studies at the Art Students League, and then on to Paris to study at the Académie de la Grande Chaumière. Though he left for Paris as a social realist painter, towards the end of his studies the influences of Pollock and Mondrian began to appear in his work. Upon his return to New York, Held worked various odd jobs – a stint at The Door Store, a porter at the Musem of Modern Art, a construction worker on freeways, a small moving business – anything to keep his artistic practice afloat. Held finally began to gain recognition towards the end of the 1950s; his first solo exhibition in New York was held at the Poindexter Gallery in 1960. His career progressed rapidly from there with his first retrospective exhibition at the Whitney Museum of American art in 1974. His first solo shows in London and Paris followed in 1977, prominently featuring Stereo III at both Annely Juda Fine Art and at Galerie Roger Galerie Roger d’Amécourt.

In using solely black and white, Held was able to explore dimensionality through interconnected forms and vanishing points. Though his paintings are intensely detailed, Held shied away from exact designing or preliminary drawing for his compositions, preferring instead to build directly onto the canvas for the entire process, a kind of intrinsic geometry. When he returned to using color in the late 1970s, he found that the reintroduction allowed him to further expand the architectural proportionality within his paintings.

A pioneer of hard-edge abstraction, Held’s death in 2005 left a fifty-year legacy of painting and a storied career as one of the most ambitions artists of the twentieth century.

67

Al Held (American, 1928-2005)

Stereo III, 1975 acrylic on canvas signed Al Held and dated (verso) 72 x 60 inches.

Provenance:

André Emmerich Gallery, New York

Donald Morris Gallery Inc., Birmingham, Michigan Private Collection

Literature:

Arts Magazine, Volume 51, No. 3, Art Digest Incorporated, New York, New York, November 1976, pp. 2, illus. R.C. Kenedy, Paris: A Report, Art International, Volume 21, No. 4, J. Fitzsimmons, Lugano, Switzerland, JulyAugust 1977, pp. 57, illus.

Richard Armstrong, Al Held, Rizzoli, New York, 1991, no. 62, illus.

Exhibited:

New York, New York, André Emmerich Gallery, Al�Held��New�Paintings, November 13 - December 1, 1976

Zürich, Switzerland, Galerie André Emmerich, Al Held: Neue Bilder und Zeichnungen/Recent Paintings and Drawings, January 15 - February 19, 1977

Paris, France, Galerie Roger d’Amecourt, Al Held, March, 1977

London, England, Annely Juda Fine Art, Al�Held��Paintings�and�Drawings, May 10 - June 25, 1977

Birmingham, Michigan, Donald Morris Gallery, Al�Held, November 5 - December 10, 1977

$80,000 - 120,000

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68 George Rickey (American, 1907-2002) Quadrilateral Variations I,  and dated

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

Provenance: Elaine Baker Gallery, Boca Raton Purchased from the above by the present owner  1976 Rickey

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$4,000

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69 William Conger (American, b. 1937) Compatriot, 2005 oil on canvas signed W. Conger (lower left); signed, titled and dated (verso) 60 x 60 inches. The Private Collection of Debra and Harry Seigle, Chicago, Illinois - 6,000
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$15,000 - 25,000 71

Provenance:

Gloria Luria Gallery, Bay Harbor Islands, Florida M. Knoedler and Co., Inc., New York

$10,000 - 15,000

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70 Nancy Graves (American, 1939-1995) LIMN, 1983 oil on canvas signed N. S. Graves, titled and dated (verso) 66 x 44 inches. Property from the Collection of Harvey Schaffner, Chicago, Illinois 71 Jules Olitski (Ukrainian/American, 1922-2007) One Time Four, 1987 acrylic and enamel on Plexiglass signed Jules Olitski, titled and dated (verso) 49 x 49 inches.

72 Pat Steir (American, b. 1938)

Small Ghost Waterfall, 1993 oil on canvas initialed PS and dated (verso) 59 x 59 inches.

Property from the Estate of Renee and Sandy Bank

Provenance:

Jaffe Baker Blau, Boca Raton (as Untitled)

Robert Miller Gallery, New York

Purchased from the above by the present owner in 1998

$250,000 - 350,000

78 POST WAR AND CONTEMPORARY ART

CREATING ATMOSPHERE: PAT STEIR’S WATERFALLS

Dedicated to abstraction, artist Pat Steir (American, b. 1938) is nevertheless able to invoke a strong sense of atmosphere in her paintings. This is the case in Small Ghost Waterfall (1993), a painting from Steir’s most well-known series, Waterfalls, in which she uses a variety of mark-making techniques emphasizing movement and chance and a connection between word and image to immerse the viewer into the painting’s specific frame of mind.

Waterfall, streams of white, pale yellow, and olive drip over a dark blue ground, imprints from brushes laden with paint. Flung yellow, white, and orange streak over the drips. The order of operations is mapped throughout the painting’s surface. Like Jackson Pollack and other Abstract Expressionist painters, the physicality and performance of the work is clear; however, unlike Pollack, the painting could only have been made verticality, with the work hanging on the wall to face the effects of both artist and gravity.

In addition to Abstract Expressionism, Steir has been heavily influenced by both Chinese and Japanese art as well as John Cage and his application of chance in his work. Steir first visited Japan in the early 1980s, beginning a lifelong admiration for Japanese and Chinese art and culture. Particularly apparent in the case of the Waterfalls series was her appreciation of the ink paintings and landscapes of the Chinese Tang (618907) and Song (960-1279) dynasties, especially the ink splash painters of the Tang dynasty, some of whom experimented with creating compositions from ink first splashed by chance.[i] This preoccupation with chance was likewise a foremost consideration of artist John Cage. As noted by Steir regarding her process:

The waterfall paintings are painted as though the waterfall is directly in front of the artist, chaotic but confrontational. I’ve always admired John Cage; his whole system involved chaos. I’m trying desperately to make chaos, but I make order. I try to make the chaos within the work; that’s why I depend on gravity to leave a lot of space for accident. For chaos.[ii]

The painting makes manifest Steir’s applied elements of chaos through chance as well as her physical movements at the time of making. Steir underlines her intentions through the additional connection between word and image and the further associations of the work with poetic imagery. She usually tries to keep the number of words her painting titles to not many more than two so that she can “picture the painting in my mind’s eye when the title is spoken”.[iii] This link to her personal memory and its evocation is crucial to her process. She notes “the poetry of the title is part of the picture for me, it’s absolutely the same thing.”[iv]

The poetry of Small Ghost Waterfall lends associations to the viewer despite the painting’s overall abstraction. The cool tones—from the deep blues to the pale yellows to the subtle greens— emphasize the ethereal quality of the work, while the streams of dripped paint evoke the sounds of torrents of water, punctuated by frothy bursts at the top of the canvas from textured paintbrush impressions, accompanied by the pattering of paint blotches further suggesting watery connotations. Steir uses her title and the physicality of her work to envelop the viewer into the scene of Small Ghost Waterfall.

The square format of the painting prioritizes neither vertical nor horizontal space, situating the viewer directly in the center of the work. Strong verticals from the drips are then interspersed with the horizontal lines of paint whipped at the canvas, with the alternating lines of yellow and white creating a natural zig zag across the length of the canvas, as the eye travels back and forth and then is redirected back to the top of the canvas to the dark negative space of the navy ground, to begin anew. New details are to be discovered dancing through the balanced composition—a variety of textures and colors—glistening drops of orange, surprising and welcome swipes of pink near the top. The painting expertly enmeshes the viewer in the ghosts of Steir’s prior activity, an imprint of her whirls and deliberate stamps of gravity-altered paint and poetic association to continually recreate the atmosphere of rushing wine-dark waterfall.

Bibliography:

Waldman, Anne. “Gravity and Levity: stop start wait go: Pat Steir’s Poethics.” In Pat Steir. New York: Cheim & Read, 2007.

Waldman, Anne. “Interview: Pat Steir.” BOMB, April 1, 2003. https://bombmagazine.org/articles/2003/04/01/pat-steir/

[i] Anne, Waldman, “Gravity and Levity: stop start wait go: Pat Steir’s Poethics,” in Pat Steir (New York: Cheim & Read, 2007).

[ii] Anne Waldman, “Interview: Pat Steir.” BOMB, April 1, 2003, https://bombmagazine.org/articles/2003/04/01/pat-steir/ [iii] Ibid.

[iv] Ibid.

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80 POST WAR AND CONTEMPORARY ART

A PORTAL TO NEVELSON’S WORLD

In signature Nevelson fashion, Untitled (c. 1973-78) defies dimensional classification by transcending space to occupy the realms of both painting and sculpture.

Sparkling with charisma under her heavy mink eyelashes, Louise Nevelson (American, 1899-1988) became and remains one of the most important figures in twentieth-century American sculpture. Born Leah Berliawsky in the Poltava Governorate of the Russian Empire (present-day Kyiv Oblast, Ukraine), Nevelson’s family emigrated to Rockland, Maine, where her father eventually established a lumber business. Wood, a prominent feature in Nevelson’s work, was a constant presence in their home. Nevelson was very close with her mother, who suffered depression after their move, and would go to great lengths to dress herself and her children up in flamboyant clothes that she felt would have been sophisticated in their homeland. Marrying Charles Nevelson after high school satisfied her parents’ hope that she would end up in a wealthy family, and though they eventually separated, their union allowed the couple to move to New York City where she was able to study painting, drawing, singing, acting and dancing. She began to study full time at the Art Students League in 1929 and traveled to Europe to learn from Hans Hoffman. Upon her return she met Diego Rivera and worked as his assistant on his mural at Rockefeller Plaza while they allegedly had a brief affair, causing a rift between her and Rivera’s wife, renowned artist Frida Kahlo.

Throughout the 1930s Nevelson experimented with painting, drawing, lithography, and etching, but her truest love was sculpture. She won her first sculpture competition at the A.C.A. Galleries in New York in 1936, and her first solo exhibition at Nierendorf Gallery followed a few years later. Despite her rapidly growing career, Nevelson still struggled. As she explained in an interview:

After my first exhibition was over I destroyed all the work I’d done. What else could I do? I didn’t have a nickel. I had no place to store it, I never sold anything, so what was I to do? ...I had no choice at that time. I guess it was nearly forty years ago. I never would ask anyone for anything, so it was a struggle. Anyway, I did destroy them. All I have are a few photos of the work. (Particular Passions: Talks with Women Who Shaped Our Times, by Lynn Gilbert).

Nevelson began to work on massive wall installations using found pieces of wood in the 1950s; though much of her production was destroyed, several of the surviving works are now owned by the Whitney Museum, the Brooklyn Museum, and MoMA. The scraps of wood allowed her to collage together geometric grids that she could then cover entirely in paint, studying the relationship of their shapes and crafting her own personal mythology from architectural elements entrenched with the personal histories of others.

Nevelson solidified her long-overdue commercial and critical success by the late 1960s, with her first retrospective at the Whitney Museum in 1967. She spent the following years constructing major works and commissions, gigantic both in scale and in the recognition they brought. Nevelson referred to her immersive sculptures as “environments” and she became most known for her wall-like collaged reliefs, of which Untitled is an excellent example, made at the height of her artistic maturity. Uniformly coated in her hallmark unmodulated black paint, the careful arrangement of each structural element and the shadows they create serve as a portal into Nevelson’s world, extravagant and minimal all at once.

73

Louise Nevelson (American, 1899-1988)

Untitled, c. 1973-78

black painted wood 80 x 48 x 5 1/4 inches.

Property from a Private Collection, Atlanta, Georgia

Provenance:

Locks Gallery, Philadelphia

Fay Gold Gallery, Atlanta

Acquired from the above by the present owner in 2000

Exhibited: Philadelphia, Pennsylvania, Locks Gallery, Louise Nevelson: Sculpture and Collages, October 1 - October 30, 1999, no. 10, illus.

Literature:

Judy Stein, Louise Nevelson: Collages, Locks Art Publications, Philadelphia, Pennsylvania, 1997 (cover illus.)

$150,000 - 250,000

81 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM

73A

Olga de Amaral (Columbia,

b. 1932)

Cesta Lunar 35, 1990 paint and gold leaf on fiber signed Olga de Amaral, titled, dated and inscribed no. 599 (verso) 46 x 69 inches.

Property from the Collection of Jane Berger, Naples, Florida

Provenance:

Bellas Artes Gallery, Santa Fe

Acquired from the above by the present owner

Literature:

Edward Lucie-Smith, Olga de Amaral: el manto de la memoria, Bogotá, Zona Ediciones, 2000, pp. 74, 214

$80,000 - 120,000

82 POST WAR AND CONTEMPORARY ART

OLGA DE AMARAL’S MOON BASKETS

Olga de Amaral (née Olga Ceballos Velez, Colombian, b. 1932) works primarily with hand-spun wool, cotton, and linen, supplementing the fibers with the addition of vibrant colors and precious metals as she explores dimensional space. Rooted in geometric compositions, de Amaral combines the practices of indigenous cultures with the gestural intuition of Abstract Expressionism, conjuring a spell to transform traditional tapestry weaving into something part domestic craft and part otherworldly. We are honored to offer Cesta Lunar 35 (1990), a sweeping, shimmering work comprised of paint and gold leaf enmeshed in fibers, bright gold threads cascading down to a rich violet umber -- an excellent example of the cosmic voyages taken in her Cesta Lunares (Moon Baskets) series.

Growing up in a in a large, religious family in suburban Bogotá, de Amaral first obtained a degree in architecture before moving to the United States to study fiber art at the Cranbrook Academy of Art in Michigan. As she described:

In Cranbrook, the textile workshop had eight looms placed against the windows: one of them, in the corner, would be my home for a year. There, I lived my most intimate moments of solitude; there was born my certainty about color; its strength; I felt as if I loved color as though it were something tangible. I also learned to speak in color. I remember with nostalgia that experience in which souls touched hands.

(Quoted in Olga de Amaral: The Mantle of Memory, Galerie Agnès Monplaisir, 2013)

After her schooling, de Amaral returned to Colombia and began to make decorative textiles on commission. When her college sweetheart, Jim Amaral, returned from duty in the Philippines, they married and had two children, while de Amaral continued to develop her craft. After founding and teaching at the textile department at the University of Los Andes in Colombia, de Amaral and her family relocated to New York and then traveled widely throughout South America, Europe, and Japan.

De Amaral was deeply moved by her travels, particularly her experiences with the Yanomami, a tribe native to the Amazon rainforests between Venezuela and Brazil with a rich culture steeped in mythology.

I consider my Moon Baskets (Cestas Lunares) to be a clear example of thoughts woven into a surface. They express feelings that arose when I saw the baskets made by the Yanomami (or Yanomamo), a tribe in Venezuela known also as the Children of the Moon. I was fascinated by the compact straw basketweave, the elemental enclosing shapes, the achiote-red patina, and, especially by the large, scattered circular motifs with which they decorated their baskets and their bodies. This simple act of adornment revealed to me the unity they perceived between themselves, their objects, and their activities; the unity between their minds and the moon they revere. The plaiting I used to build the Moon Baskets was meant to recall the elementary construction of their objects.

(Quoted in Olga de Amaral: The House of My Imagination, The Metropolitan Museum of Art, 2003)

A more personal cultural reverence can be found in de Amaral’s use of gold leaf in her textiles, playing with light and reflection in ways that pay homage to the churches of her childhood: “Besides the spiritual ingredient of going to mass, I was fascinated by the ornate interiors of churches, where candlelight refracts from gilded altars and inlaid mirrors,” recalled Amaral in an interview. (Quoted in Jim and Olga de Amaral: Lives Reflected in Art, The City Paper Bogotá, June 2017)

De Amaral’s works are full of contradictions. Championing the domesticity and tradition of weaving -- a practice often devalued in high art -- through the opulent luxury of gold leaf, her forms are both structured and malleable, each element its own vignette. With each strand, ideas of fine art and craft come to occupy the same space, a goal shared by her contemporaries Magdalena Abakanowicz, Ruth Asawa, and Shelia Hicks. Using an off-the-loom technique, her constructions are built upon woven structures with gesso, pigments, and precious metals forming an inter-dimensional landscape. Her meditative and architectural process is rewarded in expansive hybrids that read as both paintings and ceremonial shrouds, interweaving the past and the present.

83 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM

Harry Bertoia

(American, 1915-1978)

Untitled, c. 1950s

brass-coated steel 15 x 36 x 2 1/2 inches.

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

This work is recorded in the Harry Bertoia catalogue raisonné under entry no. S.WI.98

We are grateful to the Harry Bertoia Foundation for their assistance in cataloguing this work.

Provenance:

The Collection of the Artist

Purchased directly from the above by the present owner in 1971

$50,000 - 70,000

84 POST WAR AND CONTEMPORARY ART

75 Harry Bertoia (American, 1915-1978)

Untitled, c. 1969

Beryllium copper on brass plate 54 x 12 x 12 inches.

Property from the Collection of Richard J. Hanna and Byron S. Dunham, Chicago and Savannah

This work is recorded in the Harry Bertoia catalogue raisonné under entry no. SO.TO.409

We are grateful to the Harry Bertoia Foundation for their assistance in cataloguing this work.

Provenance:

Knoll, Chicago

Purchased directly from the above by the present owner in 1969

$40,000 - 60,000

85 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
86 POST WAR AND CONTEMPORARY ART 76 77

76

Ilya Bolotowsky (American/Russian, 1907-1982)

Column #16, 1963

acrylic on wood signed Ilya Bolotowsky and dated Height: 94 1/2 inches.

77

Vasa (Velizar Mihich) (Yugoslavian, b. 1933) #2946, 1989 acrylic inscribed Vasa, titled and dated 84 x 7 1/4 x 4 inches.

78

Vasa (Velizar Mihich) (Yugoslavian, b. 1933)

Untitled (Five Columns), 1972 laminated acrylic inscribed Vasa and dated each: 23 1/4 x 3 3/4 x 2 1/4 inches.

The Private Collection of Debra and Harry Seigle, Chicago, Illinois

Provenance:

Sold: Sotheby’s New York, March 2, 2008, Lot 223

$10,000 - 15,000

Property from the Collection of Fern & Manfred Steinfeld, Boca Raton, Florida.

$10,000 - 15,000

Provenance:

78

Private Collection, acquired directly from the Artist Thence by descent to the present owner

$3,000 - 5,000

87 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
88 POST WAR AND CONTEMPORARY ART 79

79

Enrique Santana (Spanish, b. 1947) Dominion Center, 1987 oil on canvas signed Santana and dated (lower left) 30 x 40 inches.

The Private Collection of Debra and Harry Seigle, Chicago, Illinois

Provenance: Ann Nathan Gallery, Chicago

$3,000 - 5,000

80

Robert Swain (American, b. 1940) Study for University of Buffalo Mural, 1982-85 acrylic on canvas 24 x 183 inches.

Provenance: Acquired directly from the Artist by the present owner in 1987

$6,000 - 8,000

89 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
80

Charles Hinman

Deaccessioned from the Boca Raton Museum of Art to benefit the Acquisitions Fund

Provenance:

Gift of Dr. Robert and Deanna Harris Burger to the Boca Raton Museum of Art

$10,000 - 15,000

90 POST WAR AND CONTEMPORARY ART
(American, b. 1932) Transformer, oil on canvas
1981
91 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
82 Simeon Braguin (Ukrainian/American, 1907-1997) Untitled, 1974 acrylic on canvas signed Simeon Braguin and dated (verso) 55 x 60 inches. $5,000 - 7,000

Fine Art

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92 POST WAR AND CONTEMPORARY ART
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93 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
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Glossary of Terms

To

To

CIRCLE OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work by an unknown but distinctive hand linked or associated with the artist but not definitively his pupil.

STYLE OF . . . FOLLOWER OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work by a painter emulating the artist’s style, contemporary or nearly contemporary to the named artist.

MANNER OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work in the style of the artistand of a later period.

AFTER ADRIAEN JANSZ VAN OSTADE

To our best judgment, a copy of a known work of the artist.

The term signed and/or dated and/or inscribed means that, in our opinion, a signature and/or date and/or inscription are from the hand of the artist.

The term bears a signature and/or a date and/or an inscription means that, in our opinion, a signature and/or date and/or inscription have been added by another hand.

Dimensions are given height before width.

94 POST WAR AND CONTEMPORARY ART
ADRIAEN JANSZ VAN OSTADE
work, in our best opinion, is by the named artist.
TO ADRIAEN JANSZ VAN OSTADE
Artist Index
This
ATTRIBUTED
our best judgment,
work
likely
STUDIO OF ADRIAEN JANSZ VAN OSTADE
this
is
to be by the artist, but with less certainty as in the aforementioned category.
our best judgment, this unsigned work
not
created
artist. Abercrombie, Gertrude 43 Appel, Karel 50 Baechler, Donald ............................. 51 Baj, Enrico 49 Barnabè, Duilio (Dubè) 54-56 Bertoia, Harry............................. 74, 75 Bolotowsky, Ilya 76 Boxer, Stanley 15, 36 Braguin, Simeon .......................... 16, 82 Clark, Ed 53 Conger, William 69 Curtis, Philip .................................. 42 Darby Bannard, Walter 37-39 de Amaral, Olga 73A Drexler, Lynne ............................... 7, 8 Dubuffet, Jean 32 Etrog, Sorel 60 Fairey, Shepard ............................... 48 Gillespie, Rowan .......................... 57, 58 Goldberg, Michael 24 Graves, Nancy 70 Gray, Cleve ................................... 34 Green, Jonathan 52 Hamilton Fraser, Donald 18 Held, Al ....................................... 67 Henning Anton 11 Hicks, Sheila 1 Hinman, Charles .............................. 81 Hunt, Richard Howard 63 Jenkins, Paul 28, 29 Katz, Alex ................................. 13, 14 Landfield, Ronnie 20, 21 Larraz, Julio 46 Lipsky, Pat 17 Lutes, Jim .................................... 31 McClelland, Suzanne 35 Mitchell, Denis 64 Nevelson, Louise ......................... 61, 73 Nilsson, Gladys 45 Noland, Kenneth 3 Oehlen, Albert 65, 66 Olitski, Jules ................................ 5, 71 Otero, Angel 12 Paschke, Ed 9 Poons, Larry ................................... 6 Prince, Richard 47 Rebeyrolle, Paul 40 Rickey, George ............................... 68 Rossi, Barbara 10 Santana, Enrique 79 Saura, Antonio................................ 33 Schuyff, Peter 2 Seery, John 30 Solomon Syd ..............................25-27 Stadler, Albert 4 Stefanelli, Joseph 22, 23 Steir, Pat...................................... 72 Swain, Robert 80 Thecla, Julia 44 Togashi, Minoru .............................. 62 Uttech, Tom 41 Vaadia, Boaz 59 Vasa 77, 78 Zox, Larry .................................... 19
may or may
have been
under the direction of the

Guide for Prospective Sellers and Buyers

GUIDE FOR PROSPECTIVE SELLERS

Evaluation of Property

Freeman’s | Hindman is pleased to provide complimentary auction estimates for items you’re considering consigning. You are welcome to submit items electronically (consign@hindmanauctions.com) or to contact any of our offices directly.

Our specialists are eager to help you learn more about your collection and current auction sale estimates.

To begin an estimate, our specialists will need:

• At least 3 photos

• Detailed description

• Details on signatures or marks

Shipping Arrangements

Buyers assume full responsibility for the packing and shipping of lots won at auction. Our Recommended Shippers offer a wide variety of local, domestic, and international shipping options.

In the interest of our clients, Freeman’s | Hindman requires a written authorization from the buyer in order to release property to anyone other than the purchaser of record (including but not limited to our recommended shippers). You may submit the Shipping Release Form via fax to 312.280.1211 or email to shipping@hindmanauctions.com

Appraisals

Our exceptional team of specialists regularly appraises property by analyzing market trends and conducting comprehensive research. Specialists evaluate thousands of objects each year for auction, allowing them to closely monitor the nuances of the current market.

Professional appraisals are prepared for estate tax, gift tax, charitable contribution, insurance and for equitable distribution purposes.

• Estate Tax

• Gift Tax

• Charitable Contribution

• Insurance

• Appraisals for Corporate Valuation Needs

Our trust and estates department recognizes that each client and appraisal situation is unique and often involves multiple asset categories and residences. Fees for appraisals are determined by the number of specialists, hours involved and the necessary travel and expenses. Our competitive fees are negotiated based upon the express needs of each client and are competitive within the marketplace.

Please contact our Appraisals Department (appraisals@hindmanauctions.com) for more information.

Estate Services

Estate settlement is a meticulous and multi-faceted process. Freeman’s | Hindman provides executors, fiduciaries and beneficiaries throughout the country with confidential and customized appraisals and disposition services. All appraisals are prepared fully in accordance with USPAP guidelines and meet all current requirements set forth by the IRS.

We recognize that each client and appraisal situation is unique and often involves multiple asset categories and residences. Our Trusts and Estates department offers services that are tailored to meet our clients’ timelines and specifications.

Our specialists offer complimentary walk-through services with the goal of providing an accurate representation of each items’ value based on the current auction market. A detailed proposal outlining the manner in which a sale will be conducted from the initial value assessment to removal of the property and settlement is provided to all parties involved.

Please contact our Estate Services (inquiries@hindmanauctions.com) team for more information.

GUIDE FOR PROSPECTIVE BUYERS

Conditions of Sale

All bidders with Freeman’s | Hindman must read and agree to Conditions of Sale posted in this catalogue prior to bidding at an auction.

Viewing Auction Items

It is highly recommended that all prospective bidders either view the sale via our online catalogue or contact Freeman’s | Hindman for further images or to schedule an appointment to view objects in person.

Estimates

Freeman’s | Hindman provides catalogue descriptions and pre-auction estimates for each lot included in the sale. These estimates are a guide for prospective bidders. They are not definitive. All pre-sale estimates are subject to revision.

Condition Reports

We are happy to provide a condition report for lots with a low estimate of $300 and above. Nevertheless, intending buyers are reminded that condition reports are statements of our opinion only, and that each lot is sold “AS IS,” per our Conditions of Sale, as outlined in the back of this catalogue. All lots should be viewed personally by prospective buyers or their agents to evaluate the condition of the property offered for sale due to the highly subjective nature of condition reports.

Bidding at Auction

The highest bidder acknowledged by the auctioneer will be the purchaser. In addition to the hammer price, the buyer agrees to pay Hindman LLC a buyer’s premium as well as any applicable taxes.

Bidding Increments

Bidding generally opens at half the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction.

The standard bidding increments are:

In-House Bidding

Our auctions are free and open to the public with no obligation for attendees to bid. Registration requires your full contact information, photo identification, credit card information, your signature and agreement to the Conditions of Sale.. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.

Live Bid Online

Freeman’s | Hindman allows absentee and live bidding through our website at hindmanauctions.com as well as absentee and live bidding through third party online bidding providers which vary by sale. For more information regarding online bidding please visit our website at hindmanauctions.com.

Absentee Bidding

If you are unable to attend an auction, you may place an absentee bid, either through our website at hindmanauctions.com. An absentee bid is the highest price you are willing to pay exclusive of buyer’s premium and applicable sales tax. Freeman’s | Hindman will exercise absentee bids at no additional charge. Absentee bids are always confidential, and bids are executed at the lowest price possible by the auctioneer according to reserves and competing bids.

Telephone Bidding

You may register telephone bid requests either through our website at hindmanauctions.com or through the bid form provided at the back of this catalogue. Upon registering for a telephone bid, you will be called on the day of the auction by a Freeman’s | Hindman representative approximately five lots before your item is scheduled to be sold. They will communicate to you the bidding activity and will relay your bids to the auctioneer at your discretion. Please note we can only accept telephone bids for lots with a low estimate of $500 or above unless otherwise noted online. Telephone bids may be requested up to 2 hours prior to the auction start time.

Updated 1.30.24

95 FOR ADDITIONAL IMAGES AND LOT DETAILS VISIT HINDMANAUCTIONS.COM
$0 – 500 $25 $500 – 1000 $50 $1000 – 2,000 $100 $2,000 – 5,000 $250 $5,000 – 10,000 $500 $10,000 – 20,000 $1,000 $20,000 – 50,000 $2,500 $50,000 – 100,000 $5,000 $100,000 – 200,000 $10,000 $200,000+ AT AUCTIONEER’S DISCRETION

Conditions of Sale

These Conditions of Sale set out the terms upon which Freeman’s | Hindman, a dba of Hindman LLC (“we,” “us,” or “our”) sells property by lot in this catalogue. You agree to be bound by these terms by registering to bid and/or by bidding in our auction.

A. BEFORE THE AUCTION

1. LOT DESCRIPTIONS AND WARRANTIES

Our description of a lot, any statement of a lot’s condition, and any other oral or written statement about a lot—such as its nature, condition, artist, period, materials, dimensions, weight, exhibition or publication history, or provenance— are our opinion and shall not to be relied upon by you as a statement of fact. Except for the limited authenticity warranty contained in paragraphs E and F below, we do not provide any guarantee of our description or the nature of a lot.

2. CONDITION

The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All lots are sold “AS IS,” in the condition they are in at the time of the auction, and we and the seller make no representation or warranty and assume no liability of any kind as to a lot’s condition. Any reference to condition in a catalogue description or a condition report shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. We are not responsible for providing you with a description of a lot’s condition in the catalogue or in a condition report.

3. VIEWING LOTS

We offer pre-auction viewings, either scheduled or by appointment, that are free of charge. If you believe that the catalogue description or condition reports are not sufficient, we suggest you inspect a lot personally or through a knowledgeable representative before you bid on a lot to make sure that you accept the description and its condition. We recommend you hire a professional adviser if you are not familiar with how to address the nature or condition of an object. Freeman’s | Hindman has several salerooms throughout the country and the location of sales, or individual items may vary. It is important to check our website and be aware of where each lot is located, for both viewing and for shipping purposes.

4. ESTIMATES

Estimates of a lot account for the condition, rarity, quality, and provenance of the object and are based upon prices realized for similar objects in past auctions. Neither you nor anyone else may rely on our estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, any applicable taxes, and any other applicable charges.

5. WITHDRAWAL

We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw.

B. REGISTERING TO BID

1. GENERAL

We reserve the right to reject any bid. By participating in the sale, you represent and warrant that:

(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); (b) Where you are acting as agent, your principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and

(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.

2. NEW BIDDERS

New bidders must register at least twenty-four (24) hours before an auction and must provide us with documentation of their identity.

(a) Individuals must provide photo identification (driver’s license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of

current address (a current utility bill or bank statement). (b) Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company’s

name and registered address, together with documentary proof of directors and beneficial owners. (c) Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. New bidders may be required to provide us with a financial reference and/or a deposit before we allow them to bid.

3. RETURNING BIDDERS

If you have not bought anything from us recently, then we may require you to register as a new bidder, as described in the paragraph above. Please contact us at least twenty-four (24) hours prior to the auction.

4. BIDDING FOR ANOTHER PERSON

If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.

5. BIDDING IN THE SALEROOM

If you wish to bid in the saleroom, you must first acquire a bidding paddle at least thirty (30) minutes before the auction.

6.

OUR BIDDING SERVICES

We offer the following bidding services as a convenience to our clients, subject to these Conditions of Sale. We shall not be responsible for any error, omission, or failure, human or otherwise, in providing these services.

(a) Phone Bids: You must contact us at least twenty-four (24) hours prior to the auction to arrange a phone bid. We will accept bids by telephone for lots only if our staff is available to take the bids. We agree that we may record telephone bids.

(b) Internet Bids: You can bid in our live sales via our bidding platform or through third-party bidding sites.

(c) Written Bids: You can find a Written Bid Form at the auction location, or online at www.hindmanauctions.com. We must receive your completed

Written Bid Form at least twenty-four (24) hours before the auction. We will endeavor to execute written bids at the lowest possible price consistent with the reserve. If you make a written bid on a lot that does not have a reserve and there is no higher bid than yours, we will bid on your behalf at approximately fifty percent (50%) of the low estimate or, if lower, the amount of your bid. The first written bid we receive of those for identical amounts will be given priority over other bids.

7. CREDIT CARD AUTHORIZATION HOLD

When you register to bid you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card that will remain until it falls off, usually within 2 to 7 days.

C. DURING THE AUCTION

1. BIDDING IN THE AUCTION

(a) Live Auctions. We will appoint an individual auctioneer to administer a live auction. The auctioneer may accept bids from (a) written bids left with us by bidders before the auction; (b) bidders in the saleroom; (c) telephone bidders; and (d) Internet bidders, including bidders through third-party bidding sites. Bidding generally starts below the low estimate and increases in steps, called bid increments. The auctioneer will decide at his/her sole option where the bidding should start and the bid increments. Bid increments may vary from auction to auction. You shall comply with all laws and regulations in force that govern your bidding.

(b) Online Auctions. The auctioneer will accept bids from Internet bidders, including bidders through third-party bidding sites. Bidding generally starts below the low estimate and increases in steps, called bid increments. The auctioneer will decide at his/her sole option where the bidding should start and the bid increments. Bid increments may vary from auction to auction. You shall comply with all laws and regulations in force that govern your bidding.

(c) Timed Auctions. Bids may only be submitted on our website between the dates and times specified in the lot’s description. Your bid is submitted

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once you place and confirm your bid amount. You agree that a bid is final once it is placed and that you may never amend or revoke your bid. You are fully responsible for any errors you make in bidding. Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined in Freeman’s | Hindman sole discretion.

2. AUCTIONEER’S DISCRETION

The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the saleroom or online auction; (b) accept or refuse any bid; (c) change the order of the lots in the auction; (d) move the bidding backward or forward; (e) withdraw any lot from the auction; (f) divide any lot or combine any two or more lots; (g) reopen or continue the bidding even after the hammer has fallen; and (h) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot in the event that there is an error or dispute related to bidding or the application of the reserve, whether during or after the auction. You must provide us with written notice within three (3) business days of the date of the auction if you believe that the auctioneer has accepted the successful bid in error. The auctioneer will consider the claim and decide in good faith if the sale of the lot is final, whether he/she will cancel the sale of the lot, or whether he/she will reoffer and resell the lot. The auctioneer’s decision in exercise of this discretion is final. This paragraph does not in any way affect our ability to cancel the sale of a lot under other applicable provisions of these Conditions of Sale, including the rights of cancellation set forth in sections B(1), D(6), E(2), and G(1).

3. BIDDING ON BEHALF OF THE SELLER

The auctioneer may, at his/her sole option, bid on behalf of the seller up to one bidding increment before the reserve by making either consecutive or responsive bids. The auctioneer will not identify these as bids made on behalf of the seller. If a lot is offered without reserve, the auctioneer will open the bidding at a set increment lower than the lot’s low estimate and will solicit higher bids from that amount. If there are no bids on a lot, the auctioneer may deem the lot unsold.

4. SUCCESSFUL BIDS AND INVOICES

Subject to paragraph C(2), the contract of sale between the seller and the successful bidder is formed when the final bid is accepted and the auctioneer’s hammer strikes. The successful bid price is the hammer price, and we will issue an invoice only to the registered bidder who made the successful bid. While we send out invoices by mail and/or email after the auction, we shall not be responsible for telling you whether your bid was successful. You should contact us immediately after the auction to find out the success of your bid in order to avoid having to pay storage charges. Please note that Freeman’s | Hindman will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Freeman’s | Hindman prior to the sale.

D. AFTER THE AUCTION

1. THE BUYER’S

PREMIUM

In addition to the hammer price, the successful bidder agrees to pay us a buyer’s premium on the hammer price of each lot sold. On all lots except for those in Coins, Medals & Banknotes; Sports Memorabilia; and Arms, Armor & Militaria auctions we charge twenty-seven percent (27%) of the hammer price up to and including $1,000,000; twenty-one percent (21%) of any amount in excess of $1,000,001 up to and including $4,000,000; and fifteen percent (15%) of any amount in excess of $4,000,001. For all lots offered in Coins, Medals & Banknotes we charge a buyer’s premium of twenty-one percent (21%) of the hammer price. Sports Memorabilia; and Arms, Armor & Militaria auctions we charge a buyer’s premium of twenty percent (20%) of the hammer price. If the bidder bids through a third-party platform, then the bidder agrees to pay us a surcharge equal to the fee levied by the third-party platform. The third-party platform fee is in addition to the buyer’s premium.

2. TAXES

The successful bidder is responsible for any applicable taxes, including any sales or use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer’s premium, and/or any other charges related to the lot. A sales or use tax is dependent upon a number of factors, including, but not limited to, our volume of sale and the place of delivery of the lot, regardless of the nationality or citizenship of the successful bidder. The applicable sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped or where it is picked-up in person. We collect sales tax in states where legally required.

3. MAKING PAYMENT

(a) Immediately following the auction, you must pay the purchase price, consisting of the hammer price, plus the buyer’s premium, plus any applicable duties and sales, use, or other applicable taxes. Payment is due no later than by the end of the seventh (7th) calendar day following the date of the auction, which we refer to as the due date.

(b) We will only accept payment from the registered successful bidder. Once issued, we cannot change the buyer’s name on an invoice or reissue the invoice in a different name.

(c) You must pay for lots in US dollars in one of the following ways:

(i) Wire transfer.

(ii) Bank checks: You must make these payable to Freeman’s | Hindman, and we may impose other conditions. Once we have deposited your check, property cannot be released until five (5) business days have passed.

(iii) Personal checks: You must make these payable to Freeman’s | Hindman, and they must be drawn from US dollar accounts from a US bank. The property will not be released until the check has cleared and the funds are received by us.

(iv) Credit card: Credit card payments may not exceed $25,000 and a convenience fee of 3% will be added to each credit card payment.

(v) ACH Bank Transfer

(d) You must quote your invoice number when making a payment. All payments sent by post must be sent to Freeman’s | Hindman, 1550 West Carroll Avenue, Chicago, IL 60607, ATTN: Client Accounting Department.

4. TRANSFERRING OWNERSHIP TO YOU

You will not own the lot and title will not pass to you until we have received full payment in good funds of the purchase price, even in circumstances where we have released the lot to you.

5. TRANSFERRING RISK TO YOU

Unless we have agreed otherwise with you, the risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: (a) when you collect the lot; or (b) the end of the thirtieth (30th) day following the date of the auction or, if earlier, the date the lot is taken into care by a thirdparty warehouse.

6. YOUR FAILURE TO PAY

If you fail to pay us the purchase price in full in good funds by the due date, we will be entitled to do one or more of the following (as well as enforce any other rights and remedies we have by law) at our sole discretion:

(a) We can charge interest from the due date at a rate of up to one and onehalf percent (1.5%) per month on the unpaid amount due.

(b) We can cancel the sale of the lot and sell the lot again, publicly or privately, on such terms as we believe appropriate, in which case you must pay us any shortfall between the amount you owe us and the resale price, plus all costs, expenses, losses, damages, and legal fees we incur due to the cancellation.

(c) We can pay the seller the amount due to them, in which case you acknowledge and understand that we will have all the seller’s rights to pursue you for such amount.

(d) We can hold you legally responsible for the amount you owe us and bring legal proceedings against you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by law.

(e) We can reveal your identity and contact details to the seller.

(f) We can reject any bids made by or on behalf of you in future auctions or require you to provide us with a deposit before accepting any bids.

(g) We can exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest, or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us.

(h) We can take any other action we deem necessary or appropriate.

7. SHIPPING, COLLECTION, AND STORAGE

(a) You must collect purchased lots within thirty (30) days of the auction. We can assist in making shipping arrangements by suggesting art handlers, packers, transporters, or experts, but you must arrange all transport and shipping with them, and we are not responsible for their acts, failure to act, or neglect. Freeman’s | Hindman has several salerooms throughout the country and the location of sales, or individual items may vary. It is important to check with our website and be aware of where each lot is located, for both viewing and for shipping.

(b) If you do not collect any purchased lot within thirty (30) days following the auction, we may, at our sole option, (i) charge you storage and insurance

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costs; (ii) move the lot to another Freeman’s | Hindman location or to a thirdparty warehouse, whereupon we will charge you transport costs, insurance costs, and administration fees for doing so, and you will be subject to the third-party storage warehouse’s standard terms and responsible for paying its standard fees and costs; or (iii) sell the lot in any commercially reasonable way we think appropriate.

(c) In accordance with applicable state law, if you have paid for the lot in full but you do not collect the lot within the time specified by the law of the state where the auction takes place, we may charge you state sales tax for the lot.

(d) Nothing in this paragraph is intended to limit our rights under paragraph D(6).

8. EXPORTING, IMPORTING, AND ENDANGERED SPECIES

(a) The shipping of a lot is affected by United States export laws or the import laws of other countries. If you are outside the United States, then local laws may prevent you from importing a lot. You alone are responsible for seeking advice prior to bidding and meeting the requirements of any law or regulation applying to the export or import of a lot.

(b) Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife—such as, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood—may be subject to export controls in the US and import controls in other countries. You should check the relevant wildlife laws and regulations before bidding on any lot containing wildlife material if you plan to export the lot from the United States, import the lot into another country, or ship the lot between states. Your purchase of a lot containing endangered and other protected species of wildlife is at your own risk, and you shall be responsible for any scientific test or other reports required for export from the United States or for shipment between states. We will not cancel your purchase and refund the purchase price if your lot may not be exported, imported, or shipped between states, or if it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to import, export, and/or interstate shipping of a lot containing endangered and other protected species of wildlife.

9. FEDERAL FIREARMS LICENSE HANDLING POLICY

(a) Freeman’s | Hindman complies with all federal, state, and local regulations pertaining to the sale and transfer of firearms. We will allow no exception to the rules stated below.

(b) Buyer Responsibility. It is the sole responsibility of the buyer to know and comply with all state and local firearms regulations in the jurisdiction where the buyer resides

(c) Federal Law. All firearms not classified as antique under federal law will require compliance with the following agencies, as noted with asterisks in our printed and online catalogues:

* Indicates the weapon is regulated by Federal Firearms laws.

** Indicates the weapon is regulated by Curio & Relic classification of the Federal Firearm laws

*** Indicates the weapon is regulated by the National Firearms Act of 1934.

(d) Handguns. Non-Ohio resident buyers of handguns must pay for their purchases before leaving the auction. All modern handguns must be retained by an agent. All buyers must arrange with a local firearms dealer in their resident state to provide Freeman’s | Hindman with a copy of the FFL license holder to whom any modern handgun will be shipped. Upon receipt of the copy of this license, a purchase will be packaged and shipped (at the buyer’s expense) to the appropriate FFL holder. This is a federal law and must be complied with regardless of the buyer’s resident state. Please allow up to four weeks for delivery. Transfers of modern handguns to Ohio residents must take place at the location where the auction takes place. Ohio residents may take possession of a modern handgun immediately after their purchase, provided they successfully complete a NICS background check which can occur on the auction premises or afterwards.

(e) Modern Long Guns. Both residents and non-residents of Ohio may take possession of modern long arms after payment, the filing of an ATF form 4473, and completion of a NICS background check. In most cases, the NICS process can be approved or denied on the same day. For further information regarding delays, you may contact the NICS information line at 304.625.2750 or view the information on their website at: http://www.fbi.gov/program/nics/ index.htm

(f) Antique Guns. Antique firearms are defined as those produced in 1898 or prior. Antique guns may be purchased and removed from the auction premises on the day of sale by a resident or non-resident of Ohio.

(g) Disclaimer. Neither Freeman’s | Hindman, their consignors, employees, or agents warrant the safety, or the shoot ability of any firearm sold. All firearms in this catalog are sold as collector items. Buyers wishing to fire ANY firearm purchased in this auction are strongly advised to have the weapon(s)

examined by a competent gunsmith who will test the weapon for its shoot ability and also to ensure that the caliber of the breech is, in fact, the caliber that it is thought to be.

(h) Collection and Shipping. Freeman’s | Hindman offers in-house, fullservice shipping. Shipping costs are provided with your finalized invoice 24-48 hours after auction. For more information, contact cowansshipping@ hindmanauctions.com. All pickups are by appointment only. To make an appointment, please call 513-871-1670 or email cincinnati@hindmanauctions. com. There are special rules for the following buyers:

i. California and New Jersey: Due to recent changes to California and New Jersey laws, we require all firearms, whether modern or antique, be shipped to a licensed FFL dealer.

ii. New York: We require all firearms, whether modern or antique, be shipped to a licensed FFL. Curio and Relic licenses are not valid for this purpose.

iii. International: We will only ship a firearm to a United States address regardless of the weapon’s antique status. It is the responsibility of the buyer to organize the export of their firearms to their country of residence. The buyer is separately responsible for the cost of export shipping and all shipping quotes provided by Freeman’s | Hindman are for domestic shipping only.

(i) Freeman’s | Hindman Class III License Policy. Freeman’s | Hindman in Cincinnati, Ohio is a recognized dealer in Class III items and is recognized as a (63) NRA Firearms Dealer and will comply with all applicable regulations regarding the sale of Class III firearms.

(j) Buyer Responsibility. Buyers are expected to know their state’s laws and regulations on machine guns prior to bidding. The following states currently do not allow individuals to own machine guns: California, Hawaii, Illinois, Iowa, Kansas, Maine, Michigan, Mississippi, New Jersey, New York, and Rhode Island. For more details and an up-to-date list of states, please visit the website for the Bureau of Alcohol, Tobacco, Firearms and Explosives at www. atf.gov. The buyer shall assume all transfer fees relating to the purchase of Class III weapons.

(k) Paperwork. The three forms required for the purchase of machine guns will be supplied to the bidder/buyer by Freeman’s | Hindman. These forms are:

1) ATF Form #4 (and possibly ATF Form #5) 2) Fingerprint Card, and 3) ATF form 5330.20 Certificate of Compliance. All buyers are expected to promptly fill out paperwork and comply with all related laws and regulations.

E. WARRANTIES

1. SELLER’S WARRANTIES

For each lot, the seller gives a warranty that the seller (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot or the right to do so by law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price (as defined in paragraph D(3) above) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages, or expenses. The seller gives no warranty other than as set out above, and as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller that may be added to this agreement by law, are excluded. No employee or agent of Freeman’s | Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the seller’s warranties or creates an additional warranty on behalf of the seller with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

2. OUR LIMITED AUTHENTICITY WARRANTY

Our limited authenticity warranty, which lasts for one (1) year from the date of a live auction or three (3) months from an online only auction, is that the lots in our sales are authentic as defined in paragraph H, below. You must notify Freeman’s | Hindman regarding concerns of authenticity in writing within one (1) year of the date of a live auction or within three (3) months of the date of an online only auction. Following receipt of that written notification, subject to the terms below, Freeman’s | Hindman will refund the purchase price paid by the client. The terms of this limited authenticity warranty are as follows:

(a) It will be honored for claims notified in writing within a period of one (1) year from the date of a live auction or three (3) months from an online only auction. After such time, we will not be obligated to honor the limited authenticity warranty.

(b) It is given only for information shown in UPPERCASE type in the first line of the catalogue description (the Heading). It does not apply to any information other than that in the Heading, even if it is shown in UPPERCASE type.

(c) It does not apply to any Heading or part of a Heading that is qualified. “Qualified” means limited by a clarification in a lot’s catalogue description or

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by the use in a Heading of one of the terms listed in the definition of “qualified” provided in paragraph H, below. Qualified Headings are not covered at all by this limited authenticity warranty.

(d) It applies to the Heading as amended by any saleroom notice.

(e) It does not apply where scholarship has developed since the auction, leading to a change in generally accepted opinion. Further, it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the auction or drew attention to any conflict of opinion.

(f) It does not apply if the lot can only be shown not to be authentic by a scientific process that, on the date we published the catalogue, was not available or generally accepted for use, was unreasonably expensive or impractical, or was likely to have damaged the lot.

(g) Its benefit is only available to the original buyer shown on the invoice for the lot, issued at the time of the sale, and only if, on the date of the notice of claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest, or restriction by anyone else. The benefit of this limited authenticity warranty may not be transferred by the original buyer to anyone else.

(h) In order to make a claim under the limited authenticity warranty, you must (i) give us written notice of your claim within one (1) year of the date of a live auction or three (3) months from an online only auction ; (ii) at our option, pay for and provide us with the written opinions of two recognized experts in the field, mutually agreed upon by you and us, confirming that the lot is not authentic (we reserve the right to obtain additional opinions at our expense); and (iii) return the lot at your expense to the saleroom from which you bought it in the condition it was in at the time of sale.

(i) Your only right under this limited authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than the purchase price, nor will we be liable for any loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, other damages, or expenses.

(j) No employee or agent of Freeman’s | Hindman is authorized to make a representation or provide additional information, whether orally or in writing, that amends the limited authenticity warranty or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

3. ADDITIONAL WARRANTY FOR BOOKS

If the lot is a book, then we give an additional warranty to the original buyer shown on the invoice for the lot issued at the time of the sale in the following circumstances:

(a) We will refund the purchase price to the original buyer if we, in our sole discretion, are convinced that the book is defective in text or illustration, subject to the following terms:

(i) This additional warranty does not apply to (A) the absence of blanks, half titles, tissue guards, or advertisements; or damage in respect of bindings, stains, spotting, marginal tears, or other defects not affecting the completeness of the text or illustration; (B) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps, or periodicals; (C) books not identified by title; (D) lots sold without a printed estimate; (E) books that are described in the catalog as sold not subject to return; or (F) defects stated in any condition report or announced at the time of sale.

(ii) To make a claim under this additional warranty, you must give written details of the defect within twenty-one (21) days of the date of the sale and return the lot within twenty-one (21) days of the date of the sale to the saleroom at which you bought it in the same condition as at the time of sale.

(iii) Paragraphs E(2)(b), (c), (d), (e), (h), and (i) also apply to a claim under this additional warranty. (c) No employee or agent of Freeman’s | Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the additional warranty for books or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

4. JEWELRY

(a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or cause the gemstone to require special care over time.

(b) All types of gemstones may have been improved by some method. You may request a gemological report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction and you pay the fee for the report.

(c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalogue. Reports from American gemological laboratories describe any improvement

Conditions of Sale

or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report.

(d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced.

5. WATCHES AND CLOCKS

(a) Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not give a warranty that any individual component part of any watch is authentic. Watchbands described as “associated” are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys.

(b) As collectors’ watches often have very fine and complex mechanisms, you are responsible for any general service, change of battery, or further repair work that may be necessary. We do not give a warranty that any watch is in good working order. Certificates are not available unless described in the catalogue.

(c) Most wristwatches have been opened to find out the type and quality of movement. For that reason, wristwatches with water-resistant cases may not be waterproof, and we recommend you have them checked by a competent watchmaker before use.

(d) Many of the watches offered for sale in this catalogue are pictured with straps made of endangered or protected animal materials such as alligator or crocodile skin. When straps are shown for display purposes only and are not for sale. We may remove and retain the strap prior to shipment from the sale site. Please check with the department for details on a lot with such a strap.

6. YOUR WARRANTIES

You warrant to us and the seller that (a) the funds you use for payment are not connected with any criminal activity, including tax evasion, and neither are you under investigation, nor have you been charged with or convicted of money laundering, terrorist activities, or other crimes; (b) where you are bidding on behalf of another person, (i) you have conducted appropriate customer due diligence on the ultimate buyer(s) of the lot(s) in accordance with all applicable anti-money laundering and sanctions laws, you consent to us relying on this due diligence, you will retain for a period of not less than five (5) years the documentation evidencing the due diligence, and you will make such documentation promptly available for immediate inspection by an independent third-party auditor upon our written request to do so; (ii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes; (iii) you do not know, and have no reason to suspect, that the funds used for payment are connected with or the proceeds of any criminal activity, including tax evasion, or that the ultimate buyer(s) are under investigation for, or have been charged with or convicted of, money laundering, terrorist activities, or other crimes.

F. OUR LIABILITY TO YOU

(a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees about any lot other than as set out in the limited authenticity warranty or in the additional warranty for books, and as far as we are allowed by law, all warranties and other terms that may be added to this agreement by law are excluded. The seller’s warranties contained in paragraph E(1) are their own, and we do not have any liability to you in relation to those warranties.

(b) We are not responsible to you for any reason (whether for breaking this agreement or for any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us, or other than as expressly set out in these Conditions of Sale.

(c) WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH.

(d) Our written and telephone bidding services, online bidding services, and condition reports are free services, and we are not responsible to you for any error, omission, or failure of these services.

(e) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(f) If, despite the terms in paragraphs F(a)–(e) or E(2)–(3) above, we are found

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to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.

G. OTHER TERMS

1. OUR ABILITY TO CANCEL

In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.

2. RECORDINGS

We may videotape and/or audio record proceedings at any auction. We will keep any personal information confidential, except to the extent that disclosure is required by law. If you do not want to be videotaped, you may decide to make a telephone or written bid or bid online instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction.

3. COPYRIGHT

We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot, including the contents of our catalogues, unless otherwise noted therein. You cannot use them without our prior written permission. We make no representation and offer no guarantee that the buyer of a lot will gain any copyright or other reproduction rights.

4. ENFORCING THIS AGREEMENT

If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.

5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES

You may not grant a security interest over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities.

6. PERSONAL INFORMATION

We will hold and process your personal information in line with our privacy policy at www.hindmanauctions.com.

7. WAIVER

No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

8. LAW AND DISPUTES

This agreement, and any noncontractual obligations arising out of or in connection with this agreement, or any other rights you may have relating to the purchase of a lot will be governed by the laws of New York. You and we agree to try to settle the dispute by mediation submitted to JAMS, or its successor, for mediation in Illinois. If the dispute is not settled by mediation within sixty (60) days from the date when mediation is initiated, then the dispute shall be submitted to JAMS, or its successor, for final and binding arbitration in accordance with its Comprehensive Arbitration Rules and Procedures or, if the dispute involves a non-US party, the JAMS International Arbitration Rules. The seat of the arbitration shall be New York, and the arbitration shall be conducted by one arbitrator, who shall be appointed within thirty (30) days after the initiation of the arbitration. The language used in the arbitral proceedings shall be English. The arbitrator shall order the production of documents only upon a showing that such documents are relevant and material to the outcome of the dispute. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958.

H. GLOSSARY

authentic: a genuine example, rather than a copy or forgery of (a) the work of a particular artist, author, or manufacturer, if the lot is described in the Heading as the work of that artist, author, or manufacturer; (b) a work created within a particular period or culture, if the lot is described in the Heading as a work created during that period or culture; (c) a work of a particular origin or source, if the lot is described in the Heading as being of that origin or source; or (d) in the case of gems, a work that is made of a particular material, if the lot is described in the Heading as being made of that material.

buyer’s premium: the charge the buyer pays us along with the hammer price. catalogue description: the description of a lot in the catalogue for the auction, as amended by any saleroom notice.

due date: has the meaning given to it in paragraph D(3)(a).

estimate: the price range included in the catalogue or any saleroom notice within which we believe a lot may sell. Low estimate means the lower figure in the range, and high estimate means the higher figure. The mid estimate is the midpoint between the two.

hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot.

Heading: has the meaning given to it in paragraph E(2).

limited authenticity warranty: the guarantee we give in paragraph E(2) that a lot is authentic.

other damages: any special, consequential, incidental, or indirect damages of any kind or any damages that fall within the meaning of “special,” “incidental,” or “consequential” under local law. purchase price: has the meaning given to it in paragraph D(3)(a).

provenance: the ownership history of a lot.

qualified: has the meaning given to it in paragraph E(2), subject to the following terms:

(a) “Cast from a model by” means, in our opinion, a work from the artist’s model, originating in his circle and cast during his lifetime or shortly thereafter.

(b) “Attributed to” means, in our opinion, a work probably by the artist.

(c) “In the style of” means, in our opinion, a work of the period of the artist and closely related to his style.

(d) “Ascribed to” means, in our opinion, a work traditionally regarded as by the artist.

(e) “In the manner of” means, in our opinion, a later imitation of the period, of the style, or of the artist’s work.

(f) “After” means, in our opinion, a copy or after-cast of a work of the artist. reserve: the confidential amount below which we will not sell a lot.

saleroom notice: a written notice posted next to the lot in the saleroom and on www.hindmanauctions.com, which is also read to prospective telephone bidders and provided to clients who have left commission bids, or an announcement made by the auctioneer either at the beginning of the sale or before a particular lot is auctioned.

UPPERCASE type: type having all capital letters.

warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.

100 POST WAR AND CONTEMPORARY ART
Updated 1.30.24
POST WAR AND CONTEMPORARY ART | APRIL 24, 2024 NO. 1327 AUCTIONS & APPRAISALS SINCE 1805 PHILADELPHIA CHICAGO Cincinnati Denver New York Palm Beach Atlanta Boston Cleveland Detroit Miami Milwaukee Naples Richmond St. Louis San Diego Scottsdale Washington, D.C.

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