AMERICAN & EUROPEAN ART
SALE 1113
7 December 2022 10am CT | Chicago Lots 1–94
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CONTENTS
European Art | Lots 1-65 4 American Art | Lots 66-94 74 Artist Index 104 Upcoming Auction Schedule 105 Hindman Team 106 Inquiries 107 Conditions of Sale 109
All lots in this catalogue with a lower estimate value of $5,000 and above are searched against the Art Loss Register database
To view the complete catalogue, sign up to bid, and read our Conditions of Sale, visit hindmanauctions.com or the Hindman App. All bidders must agree to Hindman’s Conditions of Sale prior to registering to bid. DEN 1057930
PROPERTY FROM THE ESTATES OF
Edith von Schleinitz, Milwaukee, Wisconsin
Michael L. Wilkie, Chicago, Illinois
A Private Collector, Denver, Colorado
An Evanston Estate
PROPERTY FROM THE COLLECTIONS OF David A. Cramer
Leonard and Joan Horvitz, Moreland Hills, Ohio
Frederick T. King
The Marlette Family Trust
Jill Sanborn
Frances G. Scaife
Murtis M. Smith, Cedar Falls, Iowa
A Private Collection, Chicago, Illinois
A Private Collector, Dallas, Texas
A Florida Collection
A Private Midwest Collection
A Private Midwest Individual
A Private Collection, Minneapolis, Minnesota
A Prominent Missouri Collection
PROPERTY SOLD TO BENEFIT
The Acquisition Fund of the Indianapolis Museum of Art at Newfields
The Museum of Fine Arts, St. Petersburg, Florida
EUROPEAN ART
LOTS 1-65
1 Louis Valtat (French, 1869–1952)
Paysage d’automne au bord de la rivière, c. 1935 oil on canvas signed with initials L.V. (lower right) 10 3/4 x 14 inches.
This lot has previously been confirmed to be authentic by Louis-André Valtat.
Provenance: Sold: Christie’s South Kensington, London, March 26, 1999, Lot 14 Acquired at the above sale by the present owner
$10,000 - 15,000
2 Marie Laurencin
(French, 1883–1956)
Portrait de jeune fille oil on cradled panel stamped with signature Marie Laurencin (lower right) 11 x 9 inches.
This work is listed in the Marie Laurencin archives of Monsieur Daniel Marchesseau.
Provenance: Sold: Christie’s South Kensington, London, November 28, 2007, Lot 50 Acquired at the above sale by the present owner
$30,000 - 50,000
3 Paul Klee
(German, 1879–1940) Genien, 1937
graphite on paper laid to folded cardboard signed Klee (upper left); dated and numbered T4 (lower left); titled (lower right); inscribed einf. Blatt (on the upper left of the folded half of the cardboard mount) [Please note that the protective cardboard was cut away and is now in the Paul Klee Foundation, Bern, Switzerland.]
12 3/4 x 19 inches.
Provenance: Hermann and Margrit Rupf, Bern, Switzerland, until 1953
Galerie Rosengart, Lucerne, Switzerland (1953-1955)
Leigh B. and Mary Block, Chicago, by 1955
Literature: Richard Verdi, “Musical Influences on the Art of Paul Klee,” Museum Studies, vol. 3, Chicago, 1968, pp. 93-94, fig. 11, illus.
The Paul Klee Foundation (ed.), Paul Klee. Catalogue raisonné, Volume 7, 1934-38, Bern, 2004, p. 301, no. 7120, illus.
$25,000 - 35,000
Genien, 1937, reveals Paul Klee’s avid enthusiasm for mythology and folklore, as well as his search to translate the temporal qualities of music into visual form. As a child, Klee had been a musical prodigy, but gave up the violin to study art in Munich in 1898. There he became influenced by the Jugendstil’s ideas of higher spiritual realities beyond the visible world that he would develop into his own complex artistic theories. In his 1920 essay, “Creative Confession,” the artist compared the creation of a work of art to a journey through space and thereby time, concluding, “The pictorial work sprang from movement, it is itself fixed movement and it is grasped by movement (eye muscles).” (Paul Klee, “Schöpferische Konfession,” Tribüne der Kunst und Zeit, Berlin, 1920, pp. 34-35).
Especially in the last decade of his life, Klee executed a series of paintings in which fragmentary linear patterns are combined with planar areas of multiple colors, to create structural rhythms. The present work is likely a preliminary study for Sextett der Genien, a pastel also made in 1937 (sold at Christie’s New York, November 12, 2019, Lot 126). The study reveals that the artist first planned the linear configuration of the design by combining and re-combining a few basic motifs. The subject of Genien, or genies in English, are known in folklore as shapeshifting supernatural creatures. At times described as malevolent, mischievous, or benevolent, genies could take on many forms, including the wind. The artist has appropriated this subject matter and composed it into his own distinctive artistic language. The calligraphic lines, both curved and straight, have a distinct sense of movement and energy that convey the shifting presence of the genies. The varied strokes transmit a lively tempo that leads the eye around the composition. The artist’s playful sense of humor can also be seen in the abstract faces of each fabled figure that peer out of the maze-like lines. The result is as unpredictable as it is ingenious and creates a powerful cadence to the magical scene.
The present work was first held in the collection of Hermann and Margrit Rupf of Bern, Switzerland. The couple were early proponents of avant-garde art in Switzerland and generous patrons and advocates of contemporary artists. The Rupfs established the first major collection of Cubist and abstract art in Bern, alongside an important collection of contemporary Swiss art, which they bequeathed to the city’s Kunstmuseum in 1954. As a result of their collecting activities, the Rupfs became close friends with Paul and Lily Klee and after 1913 they regularly acquired works from the artist. They may very well have acquired Genien directly from Klee. The drawing was also formerly in the collection of Leigh B. and Mary Block, who purchased it from the Galerie Rosengart in Lucerne, Switzerland in 1955. The Blocks were life-long residents of Chicago and owned one of the prime private art collections in the United States, including Van Gogh’s Self-Portrait with Bandaged Ear, 1889 (Private Collection). In 1980, the couple donated funds to Northwestern University to establish what is now the Block Museum, an important institution in the art and cultural scene of Chicago. The provenance of this lively artwork highlights its importance within the artist’s oeuvre.
5 Jean-Pierre Cassigneul (French, b. 1935)
Jeune fille nue, 1974 charcoal heightened with white on card signed Cassigneul and dated (lower right) 44 3/4 x 27 5/8 inches.
$4,000 - 6,000
6 Paul Signac (French, 1863–1935)
Lomalo watercolor and charcoal on paper signed P. Signac (lower right); titled (lower left) 10 7/8 x 17 inches.
Provenance: Sold: Sotheby’s Olympia, London, March 23, 2005, Lot 4 Acquired at the above sale by the present owner $15,000 - 25,000
7
Gustave Courbet
(French, 1819–1877) Paysage Gruyère, c. 1868-75 oil on canvas signed G. Courbet (lower right) 18 1/8 x 21 3/4 inches.
Jean-Jacques Fernier previously confirmed the authenticity of this lot.
Provenance: Anonymous sale; Christie’s, New York, May 2, 2001, Lot 85 Heinley Fine Arts, Ltd., Boston $50,000 - 70,000
Paysage Gruyére was painted by Gustav Courbet during his Swiss exile in the 1870s and recalls the terrain of his homeland in Ornans, France. A passionate advocate for Realism in art, the artist was equally involved in the radical political beliefs of the left-wing republican party in Paris. Courbet participated in the Paris Commune of 1871 and was imprisoned after the collapse of the revolutionary government. Accused of complicity in the destruction of Napoleon I’s column in the Place Vendôme, he was charged with an outrageous bill by the new conservative government for its restoration. Unable to pay, the artist fled to La Tour-de-Pails, Switzerland, where he lived until his death on December 31, 1877.
In the present artwork, the thick, bold paint application and strong, direct composition reflects both the expansive personality of the artist and the deep color contrasts and uncompromising quality of his childhood environs, that of the Jura Mountains of France, near the Swiss border. Courbet equated his bravado painting style with the mountainous countryside in which he grew up. Beginning in the late 1840s, his landscapes reveled in the distinctiveness of the region, including its vast limestone cliffs and harsh terrain. The scenery is almost a character in itself in his most major works, including The Burial at Ornans (1849-50; Musée d’Orsay, Paris) and The Stone Breakers (1850; destroyed), both notable for their large scale and volumetric solidity. The steep cliffs along the winding Swiss mountain road and the moody earth tones in Paysage Gruyére could easily be mistaken for a vista near Ornans, France. This composition may very well be a pictorial reminder of Courbet’s beloved, and forever lost, home.
8
After
Pierre-Auguste Renoir
(French, 1841–1919)
La Danseuse au Tambourin III, 1918 (cast 1984) bronze relief signed Renoir (lower right) Height 29 3/8 inches.
Property from the Estate of Michael L. Wilkie, Chicago, Illinois
Literature: Renoir, Degas, Charles E. Slatkin Galleries, New York, 1958, (exhibition catalogue), illustration of the terracotta version, pl. LI
$1,500 - 2,500
In 1918, Louis Morrell modeled three plaster reliefs under Pierre-Auguste Renoir’s direction. These reliefs were inspired by the artist’s paintings La Danseuse au Tambourin and La Danseuse aux Castagnettes, both executed in 1909 and now in the National Gallery, London. The New York sculptor Bruce Hoheb made four molds of the terracotta reliefs in March 1984 and these were used to make lost wax bronze casts at the Joel Meisner & Co. Foundry, located on Long Island. The bronzes were made and distributed at the behest of Parker & Parker, Ltd. in collaboration with the Renoir family. The edition size is 319, plus 12 hors de commerce and 2 epreuve d’artiste, with the present work number 66. All terracotta molds were destroyed.
9
After Honoré Daumier (French, 1808–1879)
Ratapoil, modeled 1850-1851, a later cast bronze with brown patina inscribed DAUMIER (base ground); stamped SiotDecauville Fondeur Paris (rear base edge) Height 17 1/4 inches.
$3,000 - 5,000
10 Maurice Utrillo (French, 1883–1955) Le Lapin Agile, 1938 oil on canvas signed Maurice Utrillo V. and dated (lower right); inscribed Montmarte (lower left) 13 x 16 1/4 inches.
Jean Fabris previously confirmed that this painting will be included in the forthcoming Utrillo catalogue raisonné being prepared under the sponsorship of the Wildenstein Institute.
Provenance:
Sold: Sotheby’s, London, April 4, 1990, Lot 435 Private Collection, acquired by the parents of the owner and thence by descent
Sold: Christie’s London, June 22, 2005, Lot 165 Acquired at the above sale by the present owner
$50,000 - 70,000
11 Maurice Utrillo (French, 1883–1955)
Rue Cortot à Montmartre, 1939 gouache on paper signed Maurice, Utrillo, V. (lower right); titled (lower left) 12 1/2 x 15 3/4 inches.
The authenticity of this work has previously been confirmed by Jean Fabris and Gilbert Pétridès. The Archives Utrillo hold a copy of the certificate, dated February 11, 1999.
Provenance:
Sold: Christie’s King Street, London, April 30, 1999, Lot 111 Acquired at the above sale by the present owner
$20,000 - 30,000
12 Henri Jean Guillaume Martin (French, 1860–1943) Jeune femme nue oil on canvas signed Henri Martin (lower left) 51 1/2 x 32 inches.
The authenticity of this work has been confirmed by the late Cyrille Martin.
Provenance: Galerie Brame et Lorenceau, Paris Private Collection, Italy Sold: Christie’s, London, June 26, 2001, Lot 186 Private Collection, acquired at the above sale Sold: Christie’s, New York, May 16, 2018, Lot 345 Acquired at the above sale by the present owner
$70,000 - 90,000
13
Maximilien Luce (French, 1858–1941)
Les terrasiers, c. 1925-30 oil on board signed Luce (lower left) 23 1/4 x 28 1/2 inches.
Provenance: The Artist’s Studio Frédéric Luce, the Artist’s son Private Collection
Literature: Denise Bazetoux, Maximilien Luce: Catalogue de l’oeuvre peint, vol. III, Paris, 1986, no. 485, p. 134, illus.
$12,000 - 18,000
14 Achille-Émile Othon Friesz (French, 1879–1949) Paysage (Le lac) oil on board inscribed with signature and title (verso) 15 x 18 inches.
Provenance: Sold at auction, Semur-en-Auxois, February 17, 1985 (possibly) Sold: Eric Caudron Auctioneers, Paris, 2006 Sold: Morphy Auctions, Denver, Pennsylvania, December 5-6, 2018, Lot 1001
Literature: Robert Martin & Odile Aittouaré, Émile Othon Friesz, L’oeuvre peint, Paris, 1995, vol. 1, p. 128, no. 286, illus.
$4,000 - 6,000
15
Blanche Hoschedé-Monet
(French, 1865–1947) Jardin en fleurs (Les rosiers) oil on canvas signed Blanche Hoschedé (lower left) 28 1/2 x 41 3/4 inches.
Property from a Florida Collection
Philippe Piguet has confirmed the authenticity of this lot. It is accompanied by a photo-certificate and will be included in his forthcoming catalogue raisonné on the artist under the reference number BHM 13.
$50,000 - 70,000
Jardin en fleurs (Les rosiers) is a lush, impressionistic vision of rosebushes in full bloom. Painted by Blanche Hoschedé-Monet, the composition exudes the influence of her stepfather and fatherin-law, Claude Monet. Born in Paris and raised in an artistic environment, Hoschedé-Monet was the daughter of Alice and Ernest Hoschedé. Ernest collected impressionist paintings and was an important patron to Monet in his early years, purchasing the artist’s famed Impression, Sunrise, 1872, which gave the movement its name. However, by 1878, the Hoschedés went bankrupt. Upon Monet’s invitation, the family, which included six children, moved into a house in Vétheuil with the artist, his wife Camille, and their two sons, Jean and Michel. By 1880, Camille passed away and Ernest had abandoned his family, which allowed Monet and Alice to pursue an already burgeoning relationship. The two families eventually settled in Giverny in 1883, where Alice and Monet finally married in 1892.
Hoschedé-Monet began painting at the age of 11, encouraged by Monet who recognized her interest in art and took her on as a favored model, assistant, and his only student. Blanche would frequently paint en plein air with her stepfather and absorbed his techniques and teachings as result. She also socialized with the American Impressionist colony that had gathered in Giverny, painting along side John Leslie Breck and Theodore Butler. The present painting, and Butler’s Port du Tréport, Normandy, c. 1906 (Lot 83) and Sailboats, Upper Bay, New York, 1917 (Lot 84), all come from the same collection. Breck and Blanche had a romance that was stopped by Monet, although he did allow his other stepdaughter, Suzanne, to marry Butler in 1892. Blanche eventually married Monet’s eldest son, Jean, in 1897 and settled in Rouen with him. After her mother’s death in 1911 and her husband’s death in 1914, Blanche returned to Giverny and took over her father-in-law’s household, caring for him until his own death in 1926. It is likely that she assisted Monet in painting the enormous panels of the Grandes Décorations, which he began in 1914 and continued to work on until he died. She became the guardian of both the artist’s iconic house and gardens, remaining there until she passed away in 1947.
In her own compositions, Hoschedé-Monet retained the almost “pure form of impressionism” that she learned from her mentor. In the present painting, she portrays the carefully trained rose bushes in Monet’s garden against a verdant background of trees. She uses short, decisive brushstrokes and brilliant hues to highlight the play of light through the luxuriant tangle of leaves, branches, and petals. Beneath the roses are bright splashes of pink, purple, and green from foliage that has settled on the ground and extends the riotous color through the entirety of the composition. With this artwork, it is clear that although she was greatly influenced by Monet, her oeuvre stands firm in its own right within the annals of French impressionism.
Interestingly, the canvas verso of Jardin en Fleurs (Les Rosiers) bears stamps that indicate it was possibly held in the collection of Mme Albert Salerou of Les Pinsons, Giverny. Madame Salerou, born Germaine Hoschedé, was Blanche’s youngest sister. Claude Monet bought the farm Les Pinsons, which was near his home, for his large, extended family. Jean and Blanche briefly lived there together in 1914, before Jean’s death in 1914. For the next 20 years, a series of artists lived in the house. In 1941, Germaine and her husband Albert, who was a French Army officer and Governor of the French Forces in Germany during World War I, left Paris to settle in Les Pinons and protect Monet’s home and gardens during the Vichy Occupation. Germaine was to live there until she died in 1968.
16 Paul-Émile Pissarro
(French, 1884–1972)
Au printemps, pommier en fleurs, 1950 oil on canvas signed Paulemile Pissarro (lower right) 24 x 18 1/2 inches.
Property from the Collection of the Marlette Family Trust Lélia Pissarro has kindly confirmed the authenticity of this work.
Provenance: The Artist’s family Ross L. Peacock Madison Avenue Gallery, New York, 1979 Private Collection, Carmel Valley, California
$6,000 - 8,000
17 Maurice de Vlaminck (French, 1876–1958)
Nature morte avec fleur et fruit, 1905 gouache and watercolor on brown paper signed Vlaminck (lower right) 20 1/2 x 20 1/2 inches.
The authenticity of this work has previously been confirmed by the Wildenstein Institute and is recorded in their archives under ref. 95.01.25/4066.4332
Provenance:
Sold: Christie’s South Kensington, London, December 3, 1999, Lot 10 Acquired at the above sale by the present owner $3,000 - 5,000
18 Charles Camoin (French, 1879–1975)
La coupe de grenade aux pommes et aux oranges, 1950 oil on canvas signed C. Camoin (lower right) 8 1/4 x 11 inches.
Property from a Private Collection, Chicago, Illinois The authenticity of this lot has previously been confirmed by Mrs. Grammont-Camoin.
Provenance: Wally Findlay Galleries, Chicago Purchased from the above by the present owner, 1972 $3,000 - 5,000
19 François Gall (French/Hungarian, 1912–1987)
Pommes et fleurs oil on canvas signed F. Gall (lower left); signed (upper canvas margin)
18 1/4 x 15 inches.
Property from a Private Collector, Dallas, Texas $2,000 - 3,000
20
Lê Phổ (French/Vietnamese, 1907–2001) La femme en rouge oil on canvas signed Lê Phổ and with Chinese characters (lower left); titled, inscribed, and bears inventory number 63635 (stretcher) 8 3/4 x 13 inches.
Property from the Collection of Frederick T. King Provenance: Wally Findlay Galleries, Chicago (label verso) $25,000 - 35,000
21 Françoise Gilot (French, b. 1921)
Composition in Red oil on canvas signed F. Gilot (lower right); inscribed couloir pourple and XXI (verso) 8 5/8 x 5 5/8 inches.
Property from an Evanston Estate $5,000 - 7,000
22
Bernard Buffet (French, 1928–1999)
La Citadelle, Vue de Saint-Tropez, 1978 brush, black ink, watercolor, and graphite on paper signed Bernard Buffet and dated (upper left) 19 3/4 x 25 1/2 inches.
This lot is included in the archives of Galerie Maurice Garnier.
Provenance: Sold: Christie’s South Kensington, London, July 3, 1998, Lot 214 Acquired at the above sale by the present owner $20,000 - 30,000
23 Bernard Buffet (French, 1928–1999)
St. Tropez, La Tour Daumas I, 1978 brush, black ink, watercolor, and graphite on paper signed Bernard Buffet and dated (upper left); titled (verso)
19 3/4 x 25 1/2 inches.
This lot is included in the archives of Galerie Maurice Garnier.
24
Théo Tobiasse
(French, 1927–2012)
Pourquoi réveiller les hommes de leur rêve?, 1976 oil on paper laid to canvas signed Theo Tobiasse (center right); titled (lower left); dated (upper center) 20 x 27 1/2 inches.
Provenance: Private Collection, Toronto, Canada Sold: DuMouchelles Auction House, Detroit, Michigan, January 14-16, 2011, Lot 2017
$8,000 - 12,000
25 Carlos Nadal (Spanish, 1917–1998)
Le grande tenis oil on canvas signed Nadal (lower right); signed and titled (verso) 25 3/4 x 21 1/4 inches.
The authenticity of this painting has been confirmed by the Comité Nadal.
Provenance: Sold: Christie’s South Kensington, London, March 27, 1998, Lot 93 Acquired at the above sale by the present owner
$12,000 - 18,000
26
Edouard Léon Cortès (French, 1882–1969)
Repos dans le jardin oil on paper on board signed Edouard Cortès (lower left) 19 3/4 x 25 1/2 inches.
Property from a Private Collector, Dallas, Texas
The authenticity of this lot has been confirmed by Nicole Verdier and is accompanied by a photo-certificate signed and dated le 19 octobre 1999
Provenance:
The Artist’s studio, Lagny, France, 1969 Private Collection, France, 1997
Andrew Roughton Fine Art, Dallas, 1999
Literature:
Andrew Roughton Fine Art, Dallas, 2000, Spring Catalogue
Nicole Verdier, Edouard Cortès: Catalogue raisonné de l’oeuvre peint, Volume II, Paris, 2009, p. 103, illus.
$15,000 - 20,000
27 Constantine Kluge (Russian/French, 1912–2003) Place de la Madeline oil on canvas signed C. Kluge (lower right) 28 3/4 x 39 1/2 inches.
Property from a Private Midwest Collection
The authenticity of this work has been confirmed by the Findlay Institute. This work will be included in the forthcoming Constantine Kluge catalogue raisonné being prepared by the Findlay Institute.
28
Michel Delacroix (French, b. 1933)
Fontaine sous les tilleuls, 1983 gouache on paper signed Michel Delacroix (lower right); titled and dated Nov 83 (verso) 13 3/8 x 19 3/8 inches.
Provenance: Atelier Galerie, Carmel, California (label verso)
$2,000 - 4,000
29
Michel Delacroix (French, b. 1933) Paris s’eveille, 1990 oil on canvas signed Michel Delacroix, dated, and titled (verso) 6 3/8 x 4 3/4 inches.
Provenance: Art Gallery-Studio 53 Ltd., New York
$800 - 1,200
30 Michel Delacroix (French, b. 1933) Matin de printemps oil on canvas signed Michel Delacroix (lower left) 13 1/8 x 8 3/4 inches.
Provenance: Art Gallery-Studio 53 Ltd., New York
$2,000 - 4,000
31
Henri Hecht Maïk (French, 1922–1993)
Un beau printemps, 1983 oil on canvas signed Maïk and dated (lower right); titled and numbered 2536 (verso) 13 x 9 1/2 inches.
Provenance: Wally Findlay Galleries (label verso)
$2,000 - 4,000
32 Jean-Franck Baudoin (French, 1870–1961) Capedeville oil on canvas signed Jean Franck Baudoin (lower right) 18 1/4 x 24 inches.
$3,000 - 5,000
33 Fernand Renard (French, 1912–1990)
Fleurs et fraises oil on canvas signed Renard (lower right)
25 1/2 x 19 3/4 inches.
Property from the Estate of Edith von Schleinitz, Milwaukee, Wisconsin
Provenance: Hammer Galleries, New York (stamp verso)
$3,000 - 5,000
The Darlings of Their Owners
Paintings of dogs in nineteenth-century England from the Scaife Collection
Mrs. Frances Scaife, a lover of all animals, has been an ardent collector of English dog paintings for many years. Known in New York and Palm Beach for her keen eye and sense of style, Mrs. Scaife’s curatorial vision has manifested one of the most significant private collections of these paintings held in the United States. Over the course of the nineteenth century, several themes and types developed in dog painting, and the present group from the Scaife collection acts as a survey of the genre.
Given the sheer quantity depicted in paint during the nineteenth and early twentieth century, it would be tempting to conclude that the English loved their dogs more than any people who came before. The dog has appeared in painting and sculpture for as long as the animal has been our steadfast companion, from Paleolithic paintings to Assyrian reliefs to Renaissance portraiture. In these early iterations, the dog was often a mere symbol of fidelity or of ferocious power. It was during this period in England, however, that our present attitudes toward dogs and dog breeds came fully into being. Increasing numbers of people began to have the time and money to take the dog beyond the role of companion and to make it a creature to be exhibited publicly and for the scrutiny of others. This gave birth to a fully developed culture of dog breeding, with organizations like The Kennel Club, founded in 1873, to promote and monitor this pure-bred dog fancy. As well, the genre that developed in England can be divided into recognizable categories.
Prime among these categories is the portrait. These might highlight, for example, how the dog conforms to the standards of the breed by showing them standing erect and in profile. As well, there were portraits of dogs that show the pets more casually and in a domestic environment. Purebred or not, their likenesses were captured for the affection of the owner. A second theme we can see in the Scaife collection is what art historians often describe as the ‘sentimental’ nature of the animal painting genre. It was desirable in this period to paint animals with human emotions, and to make them mirrors of ourselves. As Kenneth Clark remarked: “The ultimate sentimentality is to invest animals with human characteristics and then give the pictures arch titles as if the painter is winking at the spectator” (Animals and Men, New York, 1977, p. 193). Finally, in addition to capturing the likeness of their pets and their human qualities, the English sought paintings that displayed the special abilities for which the dogs were bred. These artworks of dogs on the hunt capture the sport’s theatre and drama and thus elevated the genre of animal painting.
The paintings in this collection highlight the relationships that humans and dogs share. They were and are steadfast companions and friends who serve in earnest and loyalty. Surely the English dog owners of the nineteenth century commissioned and purchased these paintings not only out of a desire to present their successes in breeding and hunting, but because, like with a portrait of a loved one, they wanted to have a lasting portrayal of their darlings.
34 Maud Earl (American/British, 1864–1943)
Four Friends, 1893 oil on canvas signed Maud Earl and dated (lower right) 34 1/4 x 52 inches.
Property from the Collection of Frances G. Scaife $30,000 - 50,000
Working in the tradition of Sir Edwin Henry Landseer, Maud Earl gained significant recognition for her sentimental portraits of dogs. Her expertise earned her commissions from Queen Victoria, King Edward VII, and many other prominent figures of the English aristocracy and high society. She was equally known for her nearly encyclopedic knowledge in depicting all varieties of breeds. She believed that unless a painter had this knowledge, it would be wholly impossible for them to render individuality. The present painting, Four Friends, can thus be seen as more than a portrait of beloved pets – it is also a declaration of the artist’s mastery. This arrangement of dogs not only emphasizes their familial status, but also emphasizes the dramatic differences in size, shape, and coat of each dog. Earl was born in London to a family of animal painters and so this vocation most certainly suited her. She exhibited her work at the Royal Academy and at the Paris Salon before emigrating to the United States in 1916.
35 John Frederick Herring the Elder (British, 1795–1865) Clio, 1839 oil on canvas
signed JF Herring and dated (center right); titled (lower center) 25 1/4 x 30 1/2 inches.
Property from the Collection of Frances G. Scaife $60,000 - 80,000
Proud of the strong breeding of their dogs, owners commissioned portraits that, taking cues from scientific illustration, show their dogs in full body and strict profile to highlight the animal’s conformity to the definition of the breed. Artists including Herring were glad to meet the demands of this new market.
Herring was known primarily as a painter of horses, but the present portrait of a greyhound shows his exceeding competence in depicting other animals. Indeed, Herring took this compositional strategy, used for in all manner of animal portraits of the nineteenth century from dogs to cows to pigeons, and elevated it: in the image, the greyhound stands erect and regal in a picturesque landscape, recalling Anthony van Dyck’s famed portrait Charles I at the Hunt (Musée du Louvre, Paris). Note especially the subtlety of the sky and the active brushstroke in the landscape, that all compliment the curving forms, coat texture, and musculature of the dog.
The sport of coursing with greyhounds made great strides in the early nineteenth century, and by this time the pedigrees of these dogs were kept with the same care as horses. The owner of Clio would surely have been moving in the highest circles of dog breeding and exhibition and so commissioned a portrait of her to match that status.
Acquired in a London gallery decades ago, the painting has been a much-admired focal point of the Scaife collection ever since.
36 John Sargent Noble (British, 1848–1896) Off Duty, 1891 oil on canvas signed J.S. Noble (lower left); signed, dated, and titled (verso) 40 1/4 x 60 1/4 inches.
Property from the Collection of Frances G. Scaife Literature: William Secord, Dog Painting, A History of the Dog in Art, Woodbridge, 2009, p. 239, no. 295, illus.
$50,000 - 70,000
Given its scale and content, John Sargent Noble’s Off Duty is among the most significant works of its type to come to auction in recent years. The painting blends the themes of British dog painting with still life to conjure a fantasy of the medieval. In the painting, two dogs rest with glistening armor strewn about them on the stable floor.
Noble completed variations on this subject, reportedly including one exhibited at The Royal Academy where a bloodhound licks clean his master’s bloody armor, increasing the stakes of the narrative while also highlighting the hound’s capacity for tenderness (“Our Van”, Baily’s Magazine of Sports and Pasttimes, Vol. 35, 1880, p. 365).
Beyond the medieval references, such a scene surely recalls the Archaic amphora by Exekias showing Achilles and Ajax playing a dice game. Like in the amphora, armor lays at the hounds’ side in a moment of calm between battles. One dog chews its paw – perhaps a reference to Achilles, whose heel would be his downfall. Such classical references would have delighted the educated nineteenth-century viewer, who would be familiar with the vase through printed reproductions or from the variant held at the British Museum.
37 John Sargent Noble (British, 1848–1896)
Dachshunds and a Pug oil on canvas signed with initials J.S.N. (lower right)
37 1/8 x 34 1/4 inches.
Property from the Collection of Frances G. Scaife
Provenance: Collection of Baroness Burton (label verso)
Sold: Sotheby Parke Bernet and Co., Sotheby’s at Hopetoun House, Edinburgh, November 13, 1979, Lot 355
Literature:
William Secord, Dog painting, 1840-1940: A Social History of the Dog in Art, Woodbridge, 1992, p. 270, no. 244, illus.
William Secord, Dog Painting, A History of the Dog in Art, Woodbridge, 2009, p. 318, no. 414, illus.
$20,000 - 30,000
38 Alexander Pope (American, 1849–1924)
English Setters, 1891 oil on canvas signed Alexander Pope and dated (lower left) 36 3/8 x 48 1/8 inches.
Property from the Collection of Frances G. Scaife
Provenance:
Private Collection, Scituate, Massachusetts Vose Galleries, Boston, acquired from the above, October 1979 (as Harry Dutton’s Dogs (Two Setters))
Private Collection, Pittsburgh, purchased from the above, December 1979
Literature:
Howard J. Cave, “Alexander Pope, Painter of Animals,” Brush and Pencil, vol. 8, May 1901, p. 111, illus. (as In Leash)
J.W. Moran, “Artist and True Art Critic Akin”, Brush and Pencil, vol. 16, July 1906, p. 131, illus. (as In Leash)
William Secord, Dog Painting, 1840-1940: A Social History of the Dog in Art, Woodbridge, 1992, p. 315, no. 296, illus. (as English Setters)
William Secord, Dog Painting, A History of the Dog in Art, Woodbridge, 2009, p. 399, no. 517, illus. (as English Setters)
$50,000 - 70,000
One of the few American artists represented in the Scaife collection, Alexander Pope was critically acclaimed for his paintings of animals. Indeed, critics compared him with the great animal painters Sir Edwin Henry Landseer and Rosa Bonheur for his paintings that appealed to the sympathies of animal lovers. The Boston-born artist started his work as a sculptor in the 1880s, and then transitioned into painting as a specialist artist of dog portraits. English Setters, possibly commissioned by a Mr. Harry Dutton, looks to the profile format of the purebred portrait, but breaks the strict framing as the two dogs turn their heads attentively toward the viewer. Unlike the strict profile, full-body compositions of the purebred portrait type, this artwork depicts the pets in a more casual, relaxed environment. The present composition is one that Pope found successful, and he made variations of it for different clients.
39 John Charles Dollman (British, 1851–1934)
The Intruder (Pointers at Rest), 1894 oil on canvas signed J.C. Dollman and dated (lower right) 40 1/4 x 49 3/4 inches.
Property from the Collection of Frances G. Scaife
Literature: William Secord, Dog Painting, 1840-1940 : A Social History of the Dog in Art, Woodbridge, 1992, p. 155, pl. 74, illus. (as Pointers at Rest)
$30,000 - 50,000
The attribution of human emotions to pets enters into all aspects of dog imagery of the period, including into what otherwise might be straightforward portraiture. The present painting of three English pointers, only by the addition of a poetic title and the inclusion of a small black kitten, becomes a narrative of an encounter between unlike creatures. Without this title, the artwork would appear more to be a casual portrait of skilled hunting animals, but is instead imbued with humor and sentiment.
40 John Emms (British, 1843–1912)
In the Kennels, 1881 oil on canvas signed J. Emms and dated (lower right) 7 3/4 x 6 1/4 inches.
Property from the Collection of Frances G. Scaife
Provenance: David Messum Fine Art, Beaconsfield, United Kingdom (label verso)
$5,000 - 7,000
In the Kennels and Waiting for Master are two intimate examples by John Emms that insert human narrative into animal painting. In the Kennels was possibly a study for a larger painting that Emms completed in 1887 and which sold at Christie’s on October 11, 2011.
The artist’s compositions were prized by critics in the 1880s, one writing in The Art Journal that his work was “interesting evidence that animal painting is attracting the attention of younger artists” (“The Exhibition of the Royal Academy,” The Art Journal, vol. 45, 1883, p. 220). Another critic remarked in The Artist on seeing in Emms’ paintings that “masterly work of its kind is rarely seen” (“Bournemouth Art Exhibition”, The Artist, vol. VI, 1 April 1885, p. 104). This can surely be seen in the quality of Emms’ quick brushstrokes that succinctly capture the dog’s anatomy, inner minds, and the evidence of their absent owners.
41 John Emms (British, 1843–1912)
Waiting for Master oil on canvas signed J. Emms (lower right) 8 x 6 1/2 inches.
Property from the Collection of Frances G. Scaife
Provenance: David Messum Fine Art, Beaconsfield, United Kingdom (label verso)
$5,000 - 7,000
42 Arthur Wardle
(British, 1864–1949)
Look Out!, 1885 oil on canvas signed Arthur Wardle (lower right); signed, titled, and dated (verso) 30 x 20 inches.
Property from the Collection of Frances G. Scaife
Literature: William Secord, Dog Painting, 1840-1940 : A Social History of the Dog in Art, Woodbridge, 1992, p. 172, no. 218, illus.
$10,000 - 15,000
Foremost among scenes of the hunt in the Scaife collection is Arthur Wardle’s Look Out!. By the 1890s, Wardle’s depictions of both domestic and exotic animals, in their natural habitat and with vivacious and acute intelligence, made him one of the best-known British painters of wildlife. Wardle was strongly influenced by Sir Edwin Henry Landseer, but whereas Landseer endowed human emotions upon his animals, Wardle preferred to keep them undisturbed by human responsibility.
Here, Wardle captures a tense moment in a picturesque landscape: the terrier, ears perked, investigates the ground before him, where below keeps silent and still a rabbit brown as the hole it lives in. This is the silence before the storm, a moment of anticipation – the terrier, bred for this purpose, will surely find its target. Wardle certainly knew how to, and indeed did, compose energetic scenes of chases with a cacophony of action. This image thus further demonstrates his mastery of narrative and of the genre.
43
George Armfield (British, 1808–1893)
Dignity and Impudence, 1854 oil on canvas signed G. Armfield and dated (lower right) 24 1/4 x 24 inches.
Property from the Collection of Frances G. Scaife
Provenance: Connoisseur Gallery, Carmel-by-the-Sea, California (label verso)
$4,000 - 6,000
George Armfield’s Dignity and Impudence is the purest example of nineteenth-century sentimentality in the Scaife collection. It quotes the eponymous painting by Sir Edwin Henry Landseer,, which is arguably the most famous dog painting of the nineteenth century. In Dignity and Impudence, Armfield draws attention to the dogs’ human characteristics, with the reserved attitude of the King Charles spaniel contrasting with the snarl of the bull terrier. Thus, the two dissimilar dogs and their diverging personalities conjure a moral allegory.
44 Edwin Armfield (British,
19th century)
Two Hounds Chasing a Pheasant oil on canvas signed E. Armfield (lower left) 8 x 10 inches.
Property from the Collection of Frances G. Scaife
Edwin Armfield’s paintings are pure and earnest images of the hunt and its drama. The artist painted many canvases of dogs in varying numbers chasing pheasants, foxes, and other targets of the British hunt, with attention to the texture of the dogs’ coats and the patterns of the forest foliage.
$1,000 - 1,500
45
Herbert Sidney
(British, 1858–1923)
Mrs. Cleveland Greenway’s “Rosette Blanche” (Zita), 1904 oil on canvas signed Herbert Sidney, dated, and titled (lower left); pedigree of the dog inscribed (verso) 30 x 20 inches.
Property from the Collection of Frances G. Scaife
$1,000 - 1,500
By the end of the nineteenth century, the structures of the pure-bred portrait type had loosened, and more casual portraits of dogs with strong pedigrees had become highly desirable. Herbert Sidney’s likeness of Mrs. Greenway’s toy poodle Rosette Blanche, for example, captures the elegance of the dog’s form, but places her in an informal pose, standing atop a cushion and lady’s glove. Despite the hand missing from the glove, the hand of strong breeding is far from absent.
On the reverse of the canvas are inscribed not only the dog’s formal and informal names, but also her pedigree. Rosette Blanche’s parents were both prize-winning poodles, as noted in the pedigree. Her father, Le Roi Blanc, the poodle of Miss Florence Brunker, a prominent figure in poodle shows and breeding, in particular had a strong background and anticipated future. Rosette Blanche continued to be doted upon by Mrs. Greenway, as evidenced by her presentation several years later in 1908 at the costume party of the Poodle Club where she was dressed as a baby in a bassinet surrounded by flowers.
46
(British, 19th century)
On the Lookout oil on canvas signed E. Armfield (lower left) 8 x 10 inches.
Property from the Collection of Frances G. Scaife
$1,000 - 1,500
47
Herbert William Weekes (British, 1856–1909)
Pet Dogs (a pair of works), 1879 oil on canvas and board each signed W. Weekes and one dated (lower right) Largest: 14 3/8 x 12 3/8 inches.
Property from the Collection of Frances G. Scaife
Provenance: Sold: Sotheby’s, New York, June 4, 1993, Lot 235b (a two part lot)
$1,500 - 2,000
48
Vittorio
Reggianini
(Italian, 1858–1938)
Young Woman in a Pink Dress, 1890 oil on canvas signed V. Reggianini (lower left) 42 x 24 1/4 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
$10,000 - 15,000
49
William
Powell Frith
(British, 1819–1909)
Woman Reading Music in an Interior oil on canvas signed W.P. Frith (lower right) 18 x 14 inches.
Provenance: Mellors Fine Arts, Toronto, Canada (label verso)
$2,000 - 4,000
50
Albin Egger-Lienz
(Austrian, 1868–1926)
Die Heilige Familie, 1892 oil on canvas signed A. Egger and dated (lower left); signed and inscribed (verso) 25 x 30 1/2 inches.
Provenance:
The Artist, sold by 1894 John Richards Maddox (1922-1999), Hartford City, Indiana
By descent to James Maddox (1924-2016), brother of the above, New Castle, Indiana By descent to Jane Maddox (1926-2021), wife of the above Acquired from the above by the present owners
Exhibited: Munich, Glaspalast, June 1, 1892, no. 493
Literature: Curt H. Weigelt, Albin Egger-Lienz, Berlin, 1914, p. 53
Giorgio Nicodemi, Albino Egger-Lienz, Brescia, 1925, p. 32
Josef Soyka, A. Egger Lienz. Leben und Werk, Vienna, 1925, p. 61
Heinrich Hammer, Albin Egger-Lienz, Innsbruck/ Vienna/Munich, 1930, p. 260, no. 35
Wilfried Kirschl, Albin Egger Lienz, 1868-1926 : das Gesamtwerk, Vienna, 1996, vol. 2, p. 508, no. M70, illus.
$25,000 - 35,000
The painter Albin Egger-Lienz would become one of the forerunners of Austrian Expressionism of the early twentieth century, with its emphasis on monumental, stylized forms along with bold outlines and blocks of color. This very early work, Die Heilige Familie (The Holy Family) is painted in a dramatically different style than that which Egger-Lienz would later be known, but nevertheless exemplifies artistic themes that would remain important to him throughout his life: the glorification of the peasant class and moments of religiosity underscored with strong allusions to the existing western canon.
Painted when the artist was just 24 years old, while still attending the Munich Academy of Art, Die Heilige Familie depicts a sparse interior scene of three people: a baby lovingly held by an elderly man looked on by a younger woman, who leans over a chair so as to better watch the child as he plays with the man’s beard. A cabinet of tools behind the trio and a few pieces of furniture, including a small bassinet in the right foreground, make up the otherwise plain, dimly lit space.
These types of early rustic scenes were in part influenced by Egger-Lienz’s professor, mentor, and fel low Tyrolean Franz Defregger, known for his history paintings and genre scenes. A shared local pride of the western Austrian region of Tyrol would lead Egger-Lienz to add the hyphenated “Lienz” to his family name of Egger in 1891, after the town of Lienz, from which he was born only a few kilometers outside. This stylization of his name was still not widely used by him by the time Die Heilige Familie was painted, and the work is still signed “A. Egger”.
This genre scene could be of any humble family if not for the faint halo around the baby’s head, which elevates the figures in the baby’s identification as the Christ Child and then, in line with histor ical western depictions of the Holy Family, the man and woman as St. Joseph and Mary, respectively. These illuminated figures in this otherwise dark scene emphasize the celebration of the sacred through the depiction of the mundane: a characteristic of Egger-Lienz’s early work while also a pre scient theme in later works like his masterpiece Pietà of 1926 (Leopold Museum, Vienna) in which he placed a dead, Christ-like figure amid the context of the local peasantry.
Die Heilige Familie, in addition to being a particularly good example of Egger-Lienz’s work, was also one of his early successes: shown at the Munich Glaspalast in June 1892, he was awarded a small silver medal for the work from the Munich Academy. Egger-Lienz would continue with a similar painting style of local people engaging in daily life, often with a Catholic undertone, while he lived in Munich. For example, he submitted Karfreitag (Holy Friday) (Belvedere, Vienna) to the Academy the following year, which won another silver medal. The artist’s style gradually began to shift from this early naturalism to his eventually more-recognized style after he moved back to his native Austria in 1899, becoming more expressive and monumental following exposure to artists like Jean-François Millet and Ferdinand Hodler. But this early and tenderly painted work remains an important example of the foundation of Egger-Lienz’s artistic identity and his preoccupation with the ideal of the rustic class and its ability to exemplify the divine.
51
Lionello Balestrieri (Italian, 1872–1958)
Chopin Triptych, c. 1905 oil on canvas signed L. Balestrieri (lower right)
Largest: 33 x 44 1/4 inches. Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: M. R. Schweitzer Gallery, New York (label verso) Mr. and Mrs. W. J. Holliday, Sr. Gift from the above to the present owner, 1971 $12,000 - 18,000
52 Bernard de
Hoog
(Dutch, 1867–1943)
The Happy Family oil on canvas signed Bernard de Hoog. (lower right) 23 3/4 x 29 3/4 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: Anderson Galleries, Chicago (label verso) $3,000 - 5,000
53
H. Moreau
(French, 19th/20th Century)
On the Oise oil on canvas signed H Moreau. (lower right) 25 x 38 1/4 inches.
Provenance: Sold: Cowan’s Auctions, Cincinnati, Ohio, February 17, 2007, Lot 426 (as by Adrien Moreau, [French, 1843-1906])
Acquired at the above sale Sold: Leslie Hindman Auctioneers, Chicago, September 11, 2011, Lot 314 Acquired at the above sale by the present owners [as by Adrien Moreau, (French, 1843-1906])
$2,000 - 4,000
54
Jan Jacob Coenraad Spohler (Dutch, 1837–1923)
Dutch Winter Scene oil on panel inscribed erroneously by another hand A. Schelfhout (lower left) 23 3/4 x 28 1/4 inches.
Property from a Florida Collection
Provenance: Frost & Reed, Bristol, United Kingdom (label verso) $15,000 - 20,000
55
Jan Jacob Coenraad
(Dutch, 1837–1923)
Spohler
A Summer Landscape with Windmills oil on canvas laid to board signed JJC Spohler (lower left) 26 x 36 1/2 inches.
Property from a Florida Collection
Provenance: Schwarz Gallery, Philadelphia Purchased from the above by the present owner, 2009 $6,000 - 8,000
56 Andreas Schelfhout (Dutch, 1787–1870) Summer Landscape, c. 1820-25 oil on panel signed A. Schelfhout (lower right) 15 1/2 x 19 1/2 inches.
Property from a Florida Collection
Provenance: Frank S. Schwarz & Son, Philadelphia (label verso, erroneously described as oil on canvas)
$5,000 - 7,000
57 Charles Hoffbauer (French, 1875–1957)
Advancing Infantry oil on panel signed C. Hoffbauer (lower right) 19 3/4 x 25 3/4 inches.
Provenance: Sold: Weschler’s Gallery, Rockville, Maryland, Lot 1329 $4,000 - 6,000
58
Edward
Seago
(British, 1910–1974)
Rue du Pont-Neuf, Paris, c. 1955 oil on canvas signed Edward Seago (lower left); titled (stretcher) 26 x 36 inches.
Provenance: Sold: Christie’s King Street, London, July 1, 1993, Lot 144 Acquired at the above sale by the present owner $8,000 - 10,000
59
Edward Seago (British, 1910–1974)
Landscape Near Ludham oil on canvas signed Edward Seago (lower left); titled (stretcher); numbered 15341 (verso) 18 x 24 inches.
Provenance: Watson Art Galleries, Montreal Sold: Christie’s King Street, London, November 21, 1995, Lot 139 Acquired at the above sale by the present owner
$6,000 - 8,000
60
Herman Lipót (Hungarian, 1884–1972) Odalisque, 1934 oil on canvas signed Herman Lipót and dated (upper and lower left) 29 1/2 x 39 1/2 inches.
$800 - 1,200
61 August Wilhelm Nikolaus Hagborg (Swedish, 1852–1921)
Young Fisherwoman oil on canvas signed Hagborg (lower left) 29 x 39 1/2 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields $2,000 - 3,000
62 Samuel Bak (Israeli/Polish, b. 1933) Monument to a Still Life oil on canvas signed Bak (lower right) 18 1/2 x 15 inches.
Property from the Collection of Murtis M. Smith, Cedar Falls, Iowa
Provenance: Safrai Art Gallery, Jerusalem, Israel (label verso) $3,000 - 5,000
63
Samuel Bak (Israeli/Polish, b. 1933) Friends of the Night, 1968 oil on canvas signed Bak (lower center) 14 x 10 3/4 inches.
Property from the Collection of Murtis M. Smith, Cedar Falls, Iowa
Provenance: Safrai Art Gallery, Jerusalem, Israel (label verso)
Literature: Samuel Bak, Bak: Paintings of the Last Decade, Aberbach Fine Art, 1974, p.132, illus.
$3,000 - 5,000
64 David Burliuk (Ukrainian, 1882–1967)
Woman with Guitar oil on board signed Burliuk (lower right); inscribed Italy (lower left) 5 3/8 x 3 3/4 inches.
Property from the Collection of Leonard and Joan Horvitz, Moreland Hills, Ohio
Provenance: Burliuk Gallery, New York (stamp verso)
$1,500 - 2,500
65
Vartan Mahokian (Armenian, 1869–1937)
Moonlit Seascape oil on canvas signed Wartan Mahokian (lower right) 25 1/2 x 39 1/2 inches.
$1,000 - 2,000
66 Wolf Kahn
(American/German, 1927–2020)
The Sky Colored House, 1983 oil on canvas signed with initials WK (lower right); titled, dated, and inscribed with artist’s inventory number 82 (verso) 16 x 20 inches.
$10,000 - 15,000
67 Wolf Kahn (American/German, 1927–2020)
Birches, c. 1977 oil on canvas signed W. Kahn (lower left) 20 x 20 inches.
Provenance: Ameringer Yohe Fine Art, New York (label verso)
Sale: Doyle’s, New York, April 20, 2021, Lot 1041 Acquired at the above sale by the present owner
$10,000 - 15,000
68 Wolf Kahn (American/German, 1927–2020) On the Edge, 1992 pastel on paper signed W. Kahn (lower center) 8 x 9 1/2 inches.
Provenance: Thomas Segal Gallery, Boston (label verso) $3,000 - 5,000
69 Wolf Kahn (American/German, 1927–2020) Rosy Fog Bank, 1998 pastel on paper signed W Kahn (lower center) 14 x 17 7/8 inches.
Provenance: The Artist Marianne Friedland Gallery, Naples, Florida, acquired from the Artist Private Collection, Naples, Florida, purchased from the above
$3,000 - 5,000
70
Doris Emrick Lee (American, 1905–1983) Spring Lakes, c. 1950 oil on canvas signed Doris Lee (lower right) 34 1/4 x 44 1/4 inches.
Provenance: D. Wigmore Fine Arts, New York (label verso) Irving Galleries, Palm Beach, Florida Purchased from the above, 1998
$8,000 - 12,000
71
Doris Emrick Lee (American, 1905–1983) Florida Sunset, c. 1950 gouache on board signed Doris Lee (lower right) 18 3/4 x 29 inches.
Provenance: World House Galleries, New York (label verso) D. Wigmore Fine Art, New York (label verso) Irving Galleries, Palm Beach, Florida Purchased from the above, 1998
$4,000 - 6,000
Doris Lee was a constant presence in American art for the majority of the twentieth century. Emerging among the American Scene painters and alongside Regionalists like Thomas Hart Benton and Grant Wood, her early work cast an eye to quintessential subjects of American identity: life in the home, in the city, and in the countryside. Spring Lakes and Florida Sunset are both vibrant examples of the artist’s later work. In both, Lee uses fields of pure color and a flattening of figure and form to describe the landscape. These paintings also reveal the central struggle of the artist’s career: Lee found herself in the crosshairs between Realism and abstraction. She graduated from Rockford College in 1927 in her home state of Illinois, and then went on to study throughout the United States and Europe. She spent considerable time in Paris – training with cubist artists such as André Lhote – as well as in Munich, Kansas City, and San Francisco. As a result, Lee was well exposed to not only American art and the old masters, but she was also fluent in the abstract language of the European avant-garde. Upon her return to the United States, despite the conservatism of Regionalist art, Lee would combine aspects of naturalism and European modernism into her work.
Beginning in the 1930s, attracted by its beauty and idyllic weather, Lee and her husband Arnold Blanch wintered in Florida. There Lee became close with artists Sally Michel and Milton Avery. With their support and influence, Lee moved confidently into a period of stylization and abstraction in her landscapes. Florida Sunset, for example, presents a subject that the artist returned to on multiple occasions, that of silhouettes of the Gulf Coast. As Barbara Jones, Chief Curator of The Westmoreland, wrote of such landscapes, “Lee’s intense and deeply felt response to the natural world has engulfed this simplified composition in saturated color.” (30 Minutes with Doris Lee, The Westmoreland Museum of American Art website, November 17, 2021). The gouache is dominated by orange, out of which emerges the dark forms of bare coastline trees and a floating buoy with a bird perched atop. In the distance, a handful of dark islands divide the sky from the ocean at the horizon.
Spring Lakes takes a similar approach to flattened form and pure, vibrant color, yet ties thematically to the pastoral images of her early career. Indeed, looking at this canvas it is easy to imagine that Lee had in mind the landscapes and figures of Grandma Moses. In a composition constructed of fields of blue and teal, divided by a forest green line, rounded forms of clouds, trees, and lakes appear to hover in between figures of white cows. To the left, a faint path leads to a gray house, its windows mirroring the round forms of the lakes and the square shape of the house itself. Playing further with the tension between flatness and perspective, a gray dove, the same color as the clouds, appears massive in comparison with the cows, suggesting that the viewer is likewise looking down on the landscape from high above.
Because of her unapologetically positive worldview and her gender, Doris Lee was often cast aside by critics and curators. In the 1950s, Abstract Expressionism became the new leading idiom of American art. The movement was perceived to be masculine and largely eschewed figuration – which was seemingly antithetical to Lee’s vision – and therefore her work was dismissed as essentially feminine and sentimental. In more recent years, however, her work is being reevaluated and appreciated. A major retrospective of her work was staged at the Westmoreland Museum of American Art in 2022, and traveled to the Figge Art Museum, Davenport, IA, the Vero Beach Museum of Art, FL, and finally the Dixon Gallery and Gardens, Memphis, TN where it will remain on view until January 15th, 2023.
72
Ángel Botello
(Puerto Rican, 1913–1986) Juan, c. 1965 oil on board signed Botello (lower right) 48 x 17 inches.
We would like to thank Juan Botello for his kind assistance with cataloging this lot and for providing the circa date.
$20,000 - 30,000
73
Marguerite Thompson Zorach (American, 1887–1968)
Spruce Forest oil on canvas signed M Zorach (lower right); titled (stretcher) 18 x 15 inches.
Provenance: Kraushaar Galleries, New York (label verso) Private Collection, Hamburg, New York $10,000 - 15,000
74 Alice Schille
(American, 1869–1955) Sunny Day in Autumn watercolor on paper signed A. Schille (lower center) 21 x 18 inches.
Property from an Evanston Estate
Provenance: Kelly and Johnson Gallery, Columbus, Ohio (label verso) Santa Fe East Galleries, Santa Fe, New Mexico (label verso)
$1,000 - 2,000
75
Aaron Bohrod
(American, 1907–1992) Street Scene, 1932 watercolor and gouache on paper signed Aaron Bohrod and dated (lower center) 18 x 13 1/4 inches.
$800 - 1,200
76 Reginald Marsh (American, 1898–1954)
Three Women, 1938 tempera on paper laid to wood panel signed with initials RM and dated (lower right) 8 x 5 1/2 inches.
Property from a Prominent Missouri Collection
Provenance: Brock & Co., Concord, Massachusetts (label verso) Kraushaar Galleries, New York (label verso)
$3,000 - 5,000
77
Reginald
Marsh
(American, 1898–1954)
Girls Strolling (a double-sided work), 1943-44 watercolor and ink wash on paper signed Reginald Marsh and dated (lower right) 19 3/8 x 13 1/2 inches.
Property from the Estate of a Private Collector, Denver, Colorado $2,000 - 4,000
78 Thomas Hart Benton (American, 1889–1975)
Saw Mill & Cornmeal & Grinder - Custom Grinding on Saturdays, c. 1928 sepia, wash, ink, and pencil on paper titled and signed Benton (lower left); titled ‘Saw Mill/ Corn Grinder East Tenn’ (on verso) 8 3/4 x 11 3/4 inches.
We thank Dr. Henry Adams and Andrew Thompson for their help researching this lot.
Provenance: James Reinish & Associates, Inc., New York (label verso)
$5,000 - 7,000
Beginning the summer of 1924, Benton took long trips across the country, searching to make a visual record of America and “...hidden pockets of oldfashioned culture that still existed in a world of their own, isolated from the bustle of the cities” (Henry Adams, Thomas Hart Benton: An American Original, New York, 1989, p. 134). In 1928, the artist and a student, Billy Hayden, went on a lengthy summer sketching trip that took them through Western Pennsylvania, West Virginia, the Smoky Mountains, and on through an area stretching from Texas, Arkansas, Mississippi, Alabama, Georgia, and the Carolinas. In the present artwork, Benton depicts a multi-purpose mill perched on the edge of a hill and surrounded by a tight path that drops steeply to the side. A rider and horse carefully pick their way along the precarious trail. The drawing was likely executed either in Appalachia or the Smoky Mountains, based on the terrain. According to Dr. Adams, the work is one of the few drawings from this period with a written caption, which suggests that Benton was already thinking of producing an illustrated book, though An Artist in America was not published until 1936.
79 Augustus Saint-Gaudens
(American, 1848–1907)
The Puritan, conceived 1886, cast after 1900 bronze with brown patina inscribed AVGVSTVS-SAINT-GAVDENS and COPYRIGHT BY / AVGVSTVS SAINT GAVDENS / -M-D-C-C-C-X-C-I-X, also inscribed THE PVRITAN on the base Height 30 1/2 inches.
Provenance: Property from a private Midwest individual
Literature:
Wayne Craven, Sculpture in America, Cranbury, New Jersey, 1968, pp. 384-85, another example referenced Beatrice Gilman Proske, Brookgreen Gardens Sculpture, Murrells Inlet, South Carolina, 1968, pp. 9-11, another example illustrated
Tom Armstrong, et al., 200 Years of American Sculpture, New York, 1976, pp. 51, 81, pl. 18, another example illustrated
John H. Dryfhout, The Work of Augustus Saint-Gaudens, Hanover, New Hampshire, 1982, pp. 162-66, other examples illustrated
Marilyn Evert, Discovering Pittsburgh’s Sculpture, Pittsburgh, 1983, pp. 293-94, another example illustrated
Kathryn Greenthal, Augustus Saint-Gaudens: Master Sculptor, exhibition catalogue, New York, 1985, p. 174, another example illustrated
Kathryn Greenthal, et al., American Figurative Sculpture in the Museum of Fine Arts Boston, Boston, 1986, pp. 238-42, no. 74, another example illustrated
Mary Anne Goley, Burke Wilkinson, Augustus Saint-Gaudens: American Sculptor, From the Collection of the Saint-Gaudens Historic Site, exhibition catalogue, Washington, DC, 1992, pp. IV, VIII, no. 24, another example illustrated
Thayer Tolles, ed., American Sculpture in The Metropolitan Museum of Art, vol. I, New York, 1999, pp. 285-88, no. 123, another example illustrated
Henry J. Duffy, John H. Dryfhout, Augustus Saint-Gaudens: American Sculptor of the Gilded Age, exhibition catalogue, Washington, DC, 2003, p. 75, no. 39, another example illustrated
$100,000 - 150,000
Recognized as one of America’s foremost artists of the late 19th century, Augustus Saint-Gaudens was the preeminent sculptor of the Beaux Art style. Born in 1848 in Dublin, Saint-Gaudens moved to New York City with his family as an infant. After studying art at the Cooper Union and the National Academy of Design, he went to Italy and France, where he had rigorous training that included model classical subjects from plaster casts. In 1875, he returned to New York and became part of a team of artists who did decoration in Boston for Trinity Church, designed by H.H. Richardson. He rose to fame in 1881, with his first major monument to the Civil War, that of Admiral David Glasgow Farragut, which was erected in New York’s Madison Square Park. The artist’s combination of realism and allegory caused his fame to grow, with other commissions quickly forthcoming for portrait and public monumental sculpture. By the turn of the century, his public monuments graced several major cities, and his masterful portrait reliefs were sought after by wealthy patrons.
In 1886, Saint-Gaudens was hired to sculpt a monumental statue for Stearns Square in Springfield, Massachusetts. Titled The Puritan, the original work was commissioned by Chester W. Chapin to pay homage to his ancestor, Deacon Samuel Chapin, a founding member of the city. Although there was no visual record of Deacon Chapin, his descendants worked closely with the artist to ensure accuracy in the figure’s dress and appearance. The stalwart deacon strides confidently forward with walking stick in his right hand and a hefty Bible firmly under his left arm, embodying perseverance, resilience, and moral fortitude. The statue was unveiled on Thanksgiving Day 1887 and emphasizes the importance of the settler origin stories of the 19th century New England community and the all-important makings of an early American settler.
The original sculpture of The Puritan proved to be so successful, in 1894 Saint-Gaudens elected to make reductions for private sale. The present work is likely one of more than 40 documented examples made by the artist. In each sculpture, Saint-Gaudens made minor alterations to the figure, including varying the angles of the hat and the walking stick, as well as changes to the applied patina. Other casts are included in collections around the world, including the Metropolitan Museum of Art, New York; Art Institute of Chicago; Museum of Fine Arts, Boston; and the Smithsonian Museum of American Art, Washington, DC.
80 Charles Webster Hawthorne (American, 1872–1930)
The Net Mender, 1910 oil on canvas signed CW Hawthorne (lower left) 40 1/2 x 40 3/4 inches.
Provenance: H.M. Benstead, Racine, Wisconsin, by 1961
Exhibited: New York, Macbeth Gallery, Catalogue of Figure Paintings by Charles W. Hawthorne, March 17 - 30, 1910, no. 8 Provincetown, Massachusetts, Chrysler Art Museum of Provincetown, Hawthorne Retrospective, June 16 - September 17, 1961, p. 22, no. 2, illus.
$10,000 - 15,000
81
Max Weber
(American, 1881–1961) Rabbi, 1950 oil on canvas signed Max Weber and dated (lower right) 40 x 30 inches.
Provenance: M. Knoedler & Co., New York Joan and Lester Avnet Collection, New York (label verso) $7,000 - 9,000
82
Georges Schreiber
(American/Belgian, 1904–1977) Bar Mitzvah, 1932 oil on canvas signed Schreiber and dated (lower right) 35 1/2 x 30 1/2 inches.
Property from a Private Collection, Minneapolis, Minnesota
Provenance: Sold: Doyle, New York, September 13, 2006, Lot 102 Acquired at the above sale by the present owner
$2,000 - 4,000
83 Theodore Earl Butler
(American, 1861–1936)
Port du Tréport, Normandy, c. 1906 oil on canvas signed T.E. Butler (lower right) 25 3/4 x 31 1/2 inches.
Property from a Florida Collection
This painting will be included in Patrick Bertrand’s forthcoming catalogue raisonné of the work of Theodore Earl Butler. We are grateful for his assistance cataloging this lot and for identifying the correct location.
Provenance: Estate of the Artist
James P. Butler, the Artist’s son Spanierman Gallery, New York Maxwell Galleries, San Francisco, California (label verso, titled as Honfleur) R.H. Love Galleries, Chicago (titled as Honfleur and dated 1907) Purchased from the above by the present owner, July 13, 1994
Literature: Sally Gross, The Life and Art of Theodore Earl Butler, unpublished M.A. thesis, Bryn Mawr College, 1982 (titled as Honfleur) Richard H. Love, Emergence from Monet’s Shadow, Chicago, 1985, p. 287, illus. 26-3 (titled as Honfleur)
$30,000 - 50,000
Formerly identified as a depiction of Honfleur, the present painting in fact shows the Normandy town of Tréport, with the distinctive tower of the Saint-Jacques church in the foreground. Port du Tréport, Normandy, c. 1906, is a bird’s eye view of the entrance to the port and its pier stretching out into the English Channel. Theodore Earl Butler first visited the coast of Normandy in the summer of 1904, when he traveled with fellow artist Philip Leslie Hale and his family to Quiberville, a small resort village along the northern French coast. Butler continued to make annual summer visits to the area with his family to paint scenes of the seashore and its environs.
Prior to 1900, the majority of Butler’s landscapes depict the region surrounding Giverny. An American artist hailing from Columbus, Ohio, he first journeyed in 1888 to Giverny to join the American Impressionist community that had settled in the village to be within Claude Monet’s orbit. While there, Butler eventually met and married in 1892 Suzanne Hoschedé, Monet’s stepdaughter. While in Giverny, the artist also met Blanche Hoschedé, Suzanne’s sister, who painted Jardin en fleurs (Les rosiers) (Lot 15), also included in the present sale and which comes from the same collection. Suzanne unfortunately died of a lingering illness in 1899, leaving behind Theodore and their two children, James and Lili. After a brief visit to America, the artist returned to France with his children and began to look beyond the rolling fields and bucolic gardens of Giverny for new inspiration. During the summer of 1906 alone, Butler visited multiple locations along the Normandy coast, including Dieppe, Veules-les-Roses, Trépied, Honfleur, as well as Tréport, the location of the present canvas.
In many of the artworks that he produced along the Normandy coast, Butler took advantage of the effects of sunlight and atmosphere and used color as he saw fit to better express himself dynamically. Port du Tréport is one such example. Here, the artist has filled the foreground of his composition with shoreline buildings along the port and diffused their masses with bright, high-key tones. The use of energetic, yet elegantly discrete brushwork, causes the pictorial elements and surrounding space to seemingly dissolve into each other. With its energy-charged brushwork, vivid and highly saturated color, and boldly executed composition, Port du Tréport stands as an exemplary illustration of Butler’s best post-impressionist work.
84
Theodore Earl Butler
(American, 1861–1936)
Sailboats, Upper Bay, New York, 1917 oil on canvas signed T.E. Butler and dated (lower right) 32 x 39 3/4 inches.
Property from a Florida Collection
This painting will be included in Patrick Bertrand’s forthcoming catalogue raisonné of the work of Theodore Earl Butler. We are grateful for his assistance cataloging this lot.
Provenance: Estate of the Artist Jean Marie Toulgouat, the Artist’s grandson Art Giverny, Oakland, California Purchased from the above by the present owner, 1994
Exhibited: (probably) Schwartz Gallery, New York, February 21 - March 21, 1921
$30,000 - 50,000
Composed of shifting blues, greens, and pinks, Sailboats, Upper Bay, New York, 1917, masterfully conveys the kinetic quality of water juxtaposed against a fog-filled New York City. Rather than focusing his attention on the mass of skyscrapers on the southern tip of Manhattan, Theodore Earl Butler concentrated on the combined effects of water, reflection, light, and color playing off the white-tipped waves that appear to splash dynamically around the detailed three-masted ships in the foreground. The artist used a variety of brushwork, with smoother strokes for the sky, haze, and tall buildings that act as a foil to the strong, curving strokes used for the flickering water and clear lines of the ships. The effect dissolves all shapes in space uniformly, creating a filmy, chromatic atmosphere that shimmers and flickers across the luminous canvas. A very similar composition, also titled Sailboats, Upper Bay (location unknown), was executed by the artist the same year.
Butler had previously depicted the New York Harbor in other artworks, when he returned to the United States in 1900 after the death of his wife, Suzanne Hoschedé in 1899. Originally from Columbus, Ohio, the artist moved to Paris in 1885 to study. In 1888, he accompanied his friend and fellow artist Theodore Robinson to Giverny to join the community of American Impressionists who lived in the area to near Claude Monet. Under the influence of one of the original impressionists, Butler began to paint garden scenes and studies of figures posed outdoors, using loose strokes with a brightly colored palette. It was also through Monet that Butler was introduced to Suzanne, the older artist’s stepdaughter and favorite model. Butler also met Blanche Hoschedé, Suzanne’s sister, who painted Jardin en fleurs (Les rosiers) (Lot 15), also included in the present sale and which comes from the same collection.
The drastic change between the bucolic landscape of Giverny and the dramatic hustle and bustle of New York clearly inspired the artist. He had lived in New York before moving to Europe and the city had changed greatly in the intervening time. Butler was only to stay for six months, but during that time he produced some of his most acclaimed artworks. Like these earlier views of New York, the present work is done in Butler’s particular combination of impressionist colors and brushwork with postimpressionist abstract, flattened forms and patterning. The uniqueness of his imagery did not go unnoticed. An article published in the New York Times, March 21, 1921, mentioned the city subjects painted by the artist, “…the latter carrying the honors. It would be hard to find a more beautiful views of the city in the warm afternoon light.”
85 Emil Carlsen (American, 1853–1932) Yellow Landscape oil on panel bears Florence G. Carlsen Estate stamp on Brett Mitchell Collection label 24 x 20 inches.
Property from the Collection of Leonard and Joan Horvitz, Moreland Hills, Ohio
Provenance: Estate of the Artist Private Collection, New York The Bonfoey Co., Cleveland, Ohio Brett Mitchell Collection, Cleveland, Ohio, 1983 Purchased from the above by the present owners
$6,000 - 8,000
86
John Joseph Enneking
(American, 1841–1916)
Fall Sunset, 1886 oil on canvas signed Enneking and dated (lower right) 42 x 33 inches.
Property from the Museum of Fine Arts, St. Petersburg, Florida
Provenance: Costas Lemonopoulos Gift of the above to the present owner, 1986
$4,000 - 6,000
87 Thomas Hill (American, 1829–1908)
The Hunter, c. 1875 oil on paper laid to board signed T. Hill (lower right) 12 3/4 x 18 1/8 inches.
Provenance: Ex-collection; The Fine Arts Museum of San Francisco, until 2004
Sold: Bonham’s California, April 11, 2005, Lot 109 Sold: Skinner, Boston, May 20, 2011, Lot 373
$2,000 - 3,000
88 Eric Sloane (American, 1905–1985)
Blackrider at Downers - Weathersfield, Vermont oil and graphite on masonite signed SLOANE and with artist’s device (lower right): titled (lower left) 18 x 23 3/4 inches.
$5,000 - 7,000
89 Andrew Winter (American, 1893–1958) Easterly Wind, Maine Coast, 1939 oil on board signed AWinter and dated (lower left); titled (verso) 22 1/2 x 28 1/4 inches.
$4,000 - 6,000
90
Alfred Juergens (American, 1866–1934)
The Hunter oil on board signed Alfred Juergens (lower right) 18 1/4 x 22 1/4 inches.
Property from the Collection of Jill Sanborn $1,000 - 2,000
91
Alfred Juergens (American, 1866–1934)
Plein Air Painter oil on canvasboard signed Alfred Juergens (lower right) 13 x 19 inches.
Property from the Collection of Jill Sanborn $1,000 - 2,000
92
Percival Leonard Rosseau (American, 1859–1937)
John’s Independence Boy and Tom Draw, 1931 oil on canvas signed Rosseau and dated (lower right) 24 1/4 x 40 1/2 inches.
Property from the Estate of a Private Collector, Denver, Colorado $30,000 - 50,000
93
Percival Leonard Rosseau (American, 1859–1937) Nancy, 1931 oil on canvas signed Rosseau and dated (lower right) 33 3/4 x 26 inches.
Property from the Estate of a Private Collector, Denver, Colorado
$20,000 - 30,000
94
Percival Leonard Rosseau (American, 1859–1937)
Village Scout, 1937 oil on canvas signed Rosseau and dated (lower right) 24 1/2 x 30 1/2 inches.
Property from the Estate of a Private Collector, Denver, Colorado
$20,000 - 30,000
ARTIST INDEX
ARTIST NAME LOT
Armfield, Edwin 44,46
Armfield, George 43
Bak, Samuel 62-63
Balestrieri, Lionello 51
Baudoin, Jean-Franck 32
Benton, Thomas Hart 78
Bohrod, Aaron 75
Botello, Ángel 72
Buffet, Bernard 22-23
Burliuk, David 64
Butler, Theodore Earl 83-84
Camoin, Charles 18
Carlsen, Emil 85
Cassigneul, Jean-Pierre 5
Cortès, Edouard Léon 26
Courbet, Gustave 7
Daumier, Honoré (after) 9
Delacroix, Michel 28-30
Dollman, John Charles 39 Earl, Maud 34
Egger-Lienz, Albin 50
Emms, John 40-41
Enneking, John Joseph 86
Friesz, Achille-Émile Othon 14
Frith, William Powell 49 Gall, François 19 Gilot, Françoise 21
Hagborg, August Wilhelm Nikolaus 61
Hawthorne, Charles Webster 80
Herring, John Frederick (the Elder) 35 Hill, Thomas 87
Hoffbauer, Charles 57
Hoog, Bernard de 52 Hoschedé-Monet, Blanche 15 Juergens, Alfred 90-91 Kahn, Wolf 66-69
Klee, Paul 3
Kluge, Constantine 27
Laurencin, Marie 2 Lê Phổ 20
Lee, Doris Emrick 70-71
Lipót, Herman 60
Luce, Maximilien 13
Mahokian, Vartan 65 Maïk, Henri Hecht 31
Marsh, Reginald 76-77
Martin, Henri Jean Guillaume 12
Moreau, H. 53
Nadal, Carlos 25
Noble, John Sargent 36-37
Pissarro, Paul-Émile 16
Pope, Alexander 38
Reggianini, Vittorio 48
Renard, Fernand 33
Renoir, Pierre-Auguste (after) 8
Rosseau, Percival Leonard 92-94
Saint-Gaudens, Augustus 79
Schelfhout, Andreas 56
Schille, Alice 74
Schreiber, Georges 82
Seago, Edward 58-59
ARTIST NAME LOT
Sidney, Herbert 45
Signac, Paul 6
Sloane, Eric 88
Spohler, Jan Jacob Coenraad 54-55
Tobiasse, Théo 24
Utrillo, Maurice 44-45
Valtat, Louis 1
Vlaminck, Maurice de 17 Wardle, Arthur 42 Weber, Max 81
Weekes, Herbert William 47 Winter, Andrew 89 Zorach, Marguerite Thompson 73
GLOSSARY OF TERMS
ADRIAEN JANSZ VAN OSTADE
This work, in our best opinion, is by the named artist.
ATTRIBUTED TO ADRIAEN JANSZ VAN OSTADE
To our best judgment, this work is likely to be by the artist, but with less certainty as in the aforementioned category.
STUDIO OF ADRIAEN JANSZ VAN OSTADE
To our best judgment, this unsigned work may or may not have been created under the direction of the artist.
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.
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Updated 9/7/22
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If you are unable to attend an auction, you may place an absentee bid, either through our website at hindmanauctions.com or through the bid form provided at the back of this catalogue. An absentee bid is the highest price you are willing to pay exclusive of buyer’s premium and applicable sales tax. Hindman LLC 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 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.
These Conditions of Sale set out the terms upon which 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. 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 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
Conditions of Sale
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 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 Hindman’s 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 Hindman will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and 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, we charge twenty-five percent (25%) of the hammer price up to and including $400,000; twenty percent (20%) of any amount in excess of $400,001 up to and including $4,000,000; and twelve percent (12%) of any amount in excess of $4,000,001. If the bidder bids through a third-party platform 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 Hindman LLC, 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 Hindman LLC, 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 $10,000 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 Hindman LLC, 1338 West Lake Street, 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 third-party 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 one-half 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. 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 costs; (ii) move the lot to another Hindman location or to a third-party 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.
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 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 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, 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 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 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 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 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 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 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 Illinois. 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 Illinois, 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.