POST WAR & CONTEMPORARY ART
SALE 1114 14 December 2022 10am CT | Chicago Lots 1–91
HIGHLIGHTS PREVIEW
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CONTENTS
Post War & Contemporary Art | Lots 1-91 4 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
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PROPERTY FROM THE COLLECTIONS OF Property belonging to the JFM Foundation Collection, Denver, Colorado Property from a Florida Collection Property from a Private Collection, Arizona Property from a Prominent Missouri Collection Property from the Collection of Alexander Ingram, Chicago, Illinois Property from the Collection of Dominic Pangborn, Grosse Pointe, Michigan Property from the Collection of Leonard and Joan Horvitz, Moreland Hills, Ohio Property from the Collection of Theodore H. and Sharon B. Pincus, Chicago, Illinois Property from the Estate of a Private Collector, Denver, Colorado Property from the Estate of a Renowned Art Dealer, New York City, New York Property from The Private Collection of Ted and Generosa Ammon, New York, New York
PROPERTY SOLD TO BENEFIT Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields Property from the Minneapolis College of Art and Design, Sold to Benefit Student Scholarships Property of an Important Midwestern Institution to Benefit the Acquisitions Fund
1 Nicholas Davis (AMERICAN, B. 1937)
Untitled (Street Sweeper in Harlem), 1971 oil on canvas signed Davis and dated (lower left); signed (verso) 33 7/8 x 24 inches.
Provenance: A. A. Goldfarb $5,000 - 7,000
Nicholas Davis: Monumentalizing Harlem
Untitled (Street Sweeper in Harlem), 1971 shows a glimpse of the bright, pop-like world of Nicholas Davis (American, b. 1937). Though featuring a quotidian scene of a street sweeper in the left foreground, dragging his trash bin behind him as he walks past a group of rowhouses, Davis idealizes the composition through his bold use of geometry and color, designating the figure a hero.
Inorganic shapes and heavy contours work to emphasize the sweeper through his placement in the foreground while geometric forms draw the viewer’s eye to the figure’s interactions with his environment: the rowhouses spanning the upper plane of the composition, the diagonal line of the street, and trash can with garbage bags at the right foreground corner are defined by various-sized rectangles and triangles. The wheels attached to the sweeper’s bin are the only circles in the composition, drawing the viewer’s eye repeatedly back to the lower center. The viewer is continually invited to engage with the triangular relationship around the wheels created between the sweeper, the rowhouses, and the bin. The vertical form of the sweeper is emphasized as he cuts through the horizontal planes between the verticals of the rowhouses and trashcans, and the geometric grid from the horizontal diagonals of the rowhouses and street. The more organic (but still boxy) forms of the sweeper’s body emphasize his presence in the composition as well, allowing him to stand out in this rigidly defined space. Davis’s use of color accentuates the sweeper as it guides the viewer through the composition. The colors idealize the ordered scene and elevate the sweeper as a monumental figure.
Davis applied the colors in this painting as shallow blocks of pigment without use of shading. This lack of tonal variance within the blocks of color and unnatural shades— bright red and deep navy in the city street and a flare of yellows, blues, reds, and pinks in the rowhouses -- lend the impression of ordered but spectacular artificiality. The clashes of color, though different, are not discordant, creating a pleasing staccato as the viewer’s eye scans the rowhouses across the composition. Though the colors are artificial (the blaze of pinks in the upper left, the red of the street stopping at the sweeper’s feet, the yellows and oranges of the first few rowhouses at the upper left suggest a morning sunrise), they are contextualized in the composition by the sweeper’s isolation in the space as he paces the street before the neighborhood’s inhabitants are awake. Davis illustrates a Harlem where the streets are clean and the garbage is carefully collected and stored, with a telephone line at the upper left suggesting a neighborhood with amenities: a pop-colored world perfectly at peace in the early morning that monumentalizes the street sweeper who is doing his part in in maintaining this ordered space.
Davis worked for much his career in Harlem and was in involved in a variety of blackcentric art exhibitions, including Harlem Artists 69 at the Studio Museum in Harlem and the Philadelphia Civic Center’s Afro American Artists, 1800-1969. He was a member of the Long Island Black Artist Association, an organization founded in 1968 that works to find exhibition venues highlighting black artists, while also providing a center of artistic fellowship. In painting areas familiar to him in his bright way that utilizes a bold geometric plane, he was able to highlight the usually overlooked figures of his neighborhood, particularly clear here in this early morning scene.
2
Jim Lutes
(AMERICAN, B. 1955)
The Dry Waller, 1985 oil on board in artist’s frame 56 3/4 x 34 3/4 inches.
Provenance: Dart Gallery, Chicago The Collection of Edie and James Cloonan
Exhibited: New York, New York, The Whitney Museum of American Art, 1987 Biennial, April 9 – July 5, 1987 Chicago, Illinois, The Renaissance Society at the University of Chicago, Jim Lutes: A Survey, January 4 - February 15, 2009 Chicago, Illinois, EXPO Chicago, Richard Gray Gallery, April 7 - 10, 2022
Literature:
John Corbett, Turning Up the Dial on Doubt: Top Hits from the Jim Lutes Songbook, The Renaissance Society at the University of Chicago, 2009, pp. 17, pp. 2, 31, 33 illus.
Pete Russell, Lutes unites realism and abstraction at Renaissance Society retrospective, The Chicago Maroon, January 13, 2009 $10,000 - 15,000
3
Gertrude Abercrombie (AMERICAN, 1909-1977)
Eggs and Dominoes, 1954 oil on masonite signed Abercrombie and dated (lower left) 4 1/4 x 5 1/2 inches.
Provenance: The Artist Margot Beman Andreas, purchased from the Artist, 1954 Thence by descent Sold: Leslie Hindman Auctioneers, December 11, 2014, Lot 40 (as Dominoes and Robin Eggs) Acquired from the above sale by the present owner
Exhibited: Chicago, Marshall Field and Company, December 1954, no. 32 Chicago, State of Illinois Art Gallery, Gertrude Abercrombie, March 18 - May 17, 1991 (also traveled to Springfield, Illinois State Museum, July 28 - October 15, 1991), p. 93
$20,000 - 30,000
Shell Game Sleight of Hand
Eggs and Dominoes, which consists of three eggs and four dominoes arranged artfully on a pink surface against a gray background, was first shown at Abercrombie’s solo show at Marshall Field and Company Gallery in December 1954 (no. 32). It was sold to her friend Margot Beman Andreas, with Abercrombie recording the sale price as $50. The painting descended through Andreas’ family until it was sold at Leslie Hindman Auctioneers (now Hindman), Chicago, in 2014. This artwork was also shown in the exhibition
1991.
The painting was done during one of Abercrombie’s most productive periods, when she showed at many exhibitions and open-air art fairs at which she was a fixture, particularly the Hyde Park Art Fair near her home. Her increased productivity may also be connected to a need to generate income after her first marriage to Bob Livingston, a successful lawyer, ended and she married Frank Sandiford, a less reliable provider. At this time, she began to do many still life images like Eggs and Dominoes, replete with elements such as shells, jacks, dice, ribbon, leaves, and balls, as well as eggs and dominoes. Like the objects she used throughout her career, these items are not random, but have some personal meaning, and are always varied, beautifully arranged, and meaningful.
Abercrombie was fond of games and frequently depicted in her work playing cards, balls and jacks, dice, and dominoes. Eggs also had a personal resonance, and her numerous images of eggshells and chicks emerging from eggs give us a clue to their appeal. They are a kind of enclosure, a home of sorts. Beginning with the empty, closed rooms that appear early in her career, the tents she painted in the 1940s and 1950s, and the shells that began to appear in the 1950s, Abercrombie had an abiding interest in spaces that served as a metaphor for her own feelings of isolation and insecurity. While the egg isn’t an exact parallel, she found in it a subject that not only echoed the idea of enclosure but also offered a way to employ her sense of humor in themes such as Eggs-It (1955, location unknown), Chick in an Egg Cup (1954, Private Collection), and Which Came First? (1955, Private Collection). The number of dots on the dominoes add up to eight, which may allude to the witticism in Leaf, Ribbon, Domino, Dice, Shell, Pieces of Eight (1954, location unknown), where the number of dots on the dice as well as the dominoes add up to eight but there are no actual pieces of eight to be seen.
Eggs and Dominoes is also an example of the kind of paintings executed by Abercrombie during this period, when she was encouraged by her good friend, the artist John Wilde, to paint more carefully and precisely. The beautifully rendered eggs and dominoes show her prowess in the creation of threedimensional objects and attest to the skills she worked hard to acquire in her traditional art classes at the University of Illinois. The composition is likewise characteristically free of anything extraneous. Through the careful arrangement of surface and space to create a balanced but dynamic whole, as well as the use of limited, subtle color in the eggs that contrast against the black of the dominoes and the grey of the background, the artist has created a sparkling composition using minimal means. With its austere and restrained composition combined with ordinary objects, this visually appealing artwork invites us into Abercrombie’s own interior life, an echo of her own psyche.
Susan Weininger Professor Emerita Roosevelt University4 Gertrude Abercrombie (AMERICAN, 1909-1977)
Untitled (Woman with Tethered Horse and Moon), 1947 oil on canvas signed Abercrombie and dated (lower right) 23 x 28 inches.
Provenance: The Artist Private Collection, gift from the Artist Thence by descent through the family $80,000 - 120,000
If Wishes Were Horses
Painted in 1947, Untitled (Girl and Horse Tethered to a Tree), includes several elements typical of Gertrude Abercrombie’s work—a solitary woman (Abercrombie herself) in a landscape devoid of anything but a single, leafless tree, a white horse, and a crescent moon. These elements are arranged in the artist’s distinctive manner to create a mysterious and evocative composition. Beginning in the late 1930s, the white horse starts to appear in Abercrombie’s oeuvre. One of the earliest examples is seen in The Hill (1938, Private Collection) a bucolic landscape characteristic of the regionalist work of the period. The artist continued on to execute a number of paintings with white horses as their focus. But these were not only explorations of a kind of subject popular at the time—Abercrombie rarely addressed a theme that had no personal aspect. The artist spent part of her childhood in the small midwestern town of Aledo, Illinois. As an only child with very strict parents, it was here she was able to enjoy the company of a large extended family of grandparents, aunts, uncles, and most of all, cousins (with whom she remained close all her life). The lush calm of these early landscapes recalls the warm memories of her long summer visits and the welcoming embrace of her family, while at the same time conforming to the ubiquitous images of the American Scene.
The cheerful landscapes of the late 1930s were replaced by more somber and ominous settings by the early 1940s, and the white horse takes on a different role. In 1941, she married Bob Livingston and subsequently painted Girl Leading Horse (Private Collection), an image of Abercrombie guiding a large white horse along a path in a dark landscape. As in Untitled (Girl and Horse Tethered to a Tree), the relationship between the woman and the horse is the subject of the work. According to Abercrombie’s daughter, Dinah, the white horse always represents Bob; in Mrs. Livingston’s letter of 1980 she suggests that the horse may symbolize Bob as well. Could the docile horse that she leads peacefully down the path and the feisty horse she is trying to tame in Untitled both refer to her husband? The earlier painting may reflect a calm moment at the marriage’s beginning, albeit one in which Gertrude is clearly in charge. Significantly, Untitled was painted at the time the marriage was dissolving, which makes the attempt to dominate an unruly animal understandable.
Even if the horse represents Bob in some sense, Abercrombie’s work cannot be reduced to a simple formula. Like much of her best work, the painting has an eerie, enigmatic quality. The female figure reaches out to the horse, whose almost human eyes echo her own, as if to control it magically. At the same time, the horse rears gracefully but is restrained by the elegant, slim rope tied to a broken branch on the dead tree. Several themes that Abercrombie treated in other works resonate with this painting. Magically controlling animals is the subject of works like Owl Trainer (1945, Private Collection) and the theme of artificial restraint is explored in works such as Self Imprisonment (1945, Private Collection). She even combines the themes in works such as Snared (1967, Private Collection). Ultimately, it has the effect of making communication impossible, and that may be source of the power of this image.
Other images of white horses appear in different, more mysterious circumstances, often seen peering through a window into a typical austere interior. See, for example, Horse and Sugar Cube, 1945 (location unknown) and The Fortune Teller (1951, Peoria Riverfront Museum, Peoria, Illinois). Again, these images suggest an inability to connect, one of Abercrombie’s most potent themes.
Additionally, the present artwork is accompanied by an interesting provenance. It was given as a wedding present to Jean and Irvin Livingston, Jr., brother and sister-in-law of Gertrude’s husband, Bob Livingston. The painting became the de facto possession of Mrs. Nathan Zimmerman, Bob’s sister, to whom it was loaned. According to Mrs. Jean Livingston, in a letter to Susan Weininger, dated February 11, 1980, Mrs. Zimmerman could not part with it when the Livingstons moved from Illinois to California in 1958. It came by descent into the possession of the current owner. The remnant of an Associated American Artists label remains on the frame, but it is doubtful that this painting was exhibited either in the New York or Chicago Gallery, which opened in 1945, and more likely the result of reusing a frame that was previously on a painting exhibited there. The label is carefully torn so that there is nothing visible to identify a particular work. Mrs. Livingston, in her 1980 letter, said that the painting “came right off Gertrude’s easel” to them.
Untitled (Girl and Horse Tethered to a Tree) is classic Abercrombie, beautifully executed, haunting, mysterious, nuanced, and capable of being understood on multiple levels, allowing for endless viewing.
Susan Weininger Professor Emerita Roosevelt University5 Varujan Boghosian (AMERICAN, B. 1926)
Untitled (Horse), 1996 mixed media signed Varujan Boghosian and dated (verso) 13 x 15 x 1 3/4 inches.
$2,000 - 4,000
(AMERICAN, B. 1926)
Unicorn, 1979 cast bronze with mixed media signed Varujan Boghosian 11 x 11 3/4 x 13 1/2 inches.
Provenance: Irving Galleries, Palm Beach, Florida $3,000 - 5,000
7
Julius Moessel
(AMERICAN, 1872-1960)
Festival in Hell, 3rd Part, 1943 oil on canvas signed Moessel and dated (lower right); signed, titled, and inscribed (verso) 40 1/2 x 35 1/4 inches.
Exhibited: Chicago, Navy Pier, 1957 Chicago Artists No-Jury Exhibition, February 12 - 26, 1957, no. 1594 $2,000 - 4,000
8 Eugene Berman
(RUSSIAN/AMERICAN, 1899-1972)
Still Life with Bread, Baskets on Table, 1949 oil on canvas initialed E.B. and dated (upper right) 22 1/2 x 31 3/4 inches.
Property from the Estate of a Private Collector, Denver, Colorado
$5,000 - 7,000
TM Davy
(AMERICAN, B. 1980)
Candela (Plants Hand), 2013 oil on linen 8 x 10 inches.
Provenance: The Artist Eleven Rivington, New York The Greenberg Gallery, St. Louis
Exhibited: New York, New York, The Armory Show, Eleven Rivington, March 6 - 10, 2013
Literature: Carol Kino, Editors Pick: Everything is Illuminated, Introspective by 1st Dibs, New York, December 4, 2013
$3,000 - 5,000
Igor Mitoraj (FRENCH,
1944-2014)
Eros Alato, 1984 bronze
inscribed Mitoraj and numbered 1/8 16 1/2 x 15 1/2 x 9 1/4 inches.
Provenance:
Irving Galleries, Palm Beach, Florida Acquired from the above by the present owner in 1992
$30,000 - 50,000
Nicholas Africano (AMERICAN, B. 1948)
Yellow room, green room, grey room, 1994 oil and wax on canvas board with cast resin frame signed Nicholas Africano and dated (verso) 20 x 17 inches.
Provenance: Irving Galleries, Palm Beach, Florida Acquired from the above by the present owner in 1996
$3,000 - 5,000
12
John Alexander
(AMERICAN, B. 1945)
Waiting in the Wrong Woods, 1986 oil on canvas signed John Alexander, titled and dated (verso) 90 x 100 inches.
Provenance: Marlborough Gallery, New York Nancy and Tim Hanley, Dallas, Texas
Exhibited: New York, New York, Marlborough Gallery, John Alexander Recent Work, December 5, 1986 - January 3, 1987, cat. no. 27, illus. in color p. 15. Dallas, Texas, McKinney Avenue Foundation, Visions, Vows and That Old Time Religion: Paintings by John Alexander, March 23 - April 21, 2002; El Paso, Texas, El Paso Museum of Art, El Paso, July 9 - November 10, 2002, plate 14, illus.
$30,000 - 50,000
13
Carlos Cancio
(PUERTO RICAN, B. 1961)
Girl in Blue Dress, 1990 acrylic and mixed media collage on canvas signed Carlos Cancio and dated (upper left) 80 3/4 x 52 inches.
Provenance: Robert Fontaine Gallery, Palm Beach, Florida
$10,000 - 15,000
14
Balcomb Greene
(AMERICAN, 1904-1990)
The Breakers, 1959-1962 oil on canvas signed Balcomb Greene (lower left); titled and dated (verso) 41 1/4 x 51 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance:
Saidenberg Gallery, New York Gifted by Mr. and Mrs. John E. Fehsenfeld to the present owner in 1970
$2,000 - 4,000
15 Ed
Paschke
(AMERICAN, 1939-2004)
Untitled (Kissing Couple), c. 1997 ink, graphite, and colored pencil signed E. Paschke (lower right) 7 x 11 1/4 inches.
Provenance: Gifted by the Artist to the present owner in 1997 $3,000 - 5,000
16
Juan
Cárdenas
(COLOMBIAN, B. 1939) Giovanni Ferroni, 1981 oil on canvas signed Juan Cárdenas and dated (lower left) 24 3/4 x 9 3/4 inches.
Provenance: Galerie Claude Bernard, Paris $8,000 - 12,000
17 Irving
Petlin
(AMERICAN, 1934-2018) Bridge of Sighs, 1980 oil on canvas signed Petlin, titled and dated (verso) 16 x 13 inches.
Provenance: Marlborough, New York $2,000 - 4,000
18 Sidney Goodman
(AMERICAN, 1936-2013)
Southwest, 1959 oil and paper cut-out on canvas signed Goodman and dated (lower right) 35 5/8 x 50 3/4 inches.
Property of an Important Midwestern Institution to Benefit the Acquisitions Fund
Provenance: Gifted by Dr. and Mrs. Abraham Melamed to the present owner in 1977 $2,000 - 4,000
19 Gladys Nilsson
(AMERICAN, B. 1940)
Subterrachial Bop Boop (Subterrainien Bop Boop), 1967 watercolor on Arches paper signed Gladys Nilsson and titled (verso); alternatively titled (verso) 30 x 22 1/2 inches.
Provenance: Paul McCarron, New York Sold: Dennis Auction Services, October 16, 2015, Lot 1033
Exhibited: New York, New York, Whitney Museum of Art, Human Concern/ Personal Torment: The Grotesque in American Art, October 14- November 30, 1969, cat. 102.
$15,000 - 25,000
20 Gladys Nilsson
(AMERICAN, B. 1940)
Political Scene and Burlesque Dancers, c. 1964 double-sided watercolor on paper
11 1/2 x 15 inches.
Provenance: Paul McCarron, New York
$8,000 - 12,000
21 James Winn (AMERICAN, B. 1949) Wet Fields No. 4, 1983 acrylic on paper signed WINN and dated (lower right); titled and dated (verso) 12 x 27 inches.
$1,500 - 2,500
22 Miya Ando
(AMERICAN/JAPANESE, B. 1973)
Stanoff (Standoff), 2005 ink on aluminum
inscribed Miya Ando, titled and dated (verso) 22 x 20 inches.
Property from the Collection of Dominic Pangborn, Grosse Pointe, Michigan $4,000 - 6,000
23 Richard Hambleton (CANADIAN, 1952-2017) Rain Scene 1, 1986 acrylic on paper 19 x 38 1/2 inches.
Property from the Estate of a Renowned Art Dealer, New York City, New York
$6,000 - 8,000
24 Richard Hambleton (CANADIAN, 1952-2017)
Rain Scene 2, 1986 acrylic on paper
19 x 38 3/4 inches.
Property from the Estate of a Renowned Art Dealer, New York City, New York
$6,000 - 8,000
25
Kenzo Okada
(AMERICAN, 1902 -1982)
Silver + White, 1978 oil on canvas signed Kenzo Okada (lower left); titled and dated (verso) 38 3/4 x 34 3/4 inches.
Property from the Estate of a Private Collector, Denver, Colorado $5,000 - 7,000
26
Kenzo Okada (AMERICAN, 1902-1982)
Blue No. 3, 1980 oil on canvas signed Kenzo Okada (lower right); dated (verso) 46 1/2 x 39 1/2 inches.
Property from the Estate of a Private Collector, Denver, Colorado
Provenance: Jack Tilton Gallery, New York $6,000 - 8,000
27 Paul Jenkins
(AMERICAN, 1923-2012) Phenomena Wind is Up, 1977 oil on canvas signed Paul Jenkins (lower right); signed, titled and dated (verso) 72 x 64 inches.
Property from a Florida Collection $30,000 - 50,000
28 Alice Baber
(AMERICAN, 1928-1982) Olympus, 1970-71 oil on canvas signed Alice Baber, titled, and dated (verso) 58 1/8 x 75 5/8 inches. $20,000 - 30,000
Color Hunger
My own point of view leaned heavily to the pre-eminence of color – what I call “color hunger” – that has motivated my own work and my selections. I have also looked for magic, poetry, eccentricity, saturation, overemphasis, and so forth.
-- Alice Baber in Curators Notes for the show Color Forum at the University Art Museum, The University of Texas at Austin
Alice Baber was born in 1928 in Charleston, Illinois, and enjoyed a nomadic childhood split between her family home and Florida, instilling a love of travel that would inspire her career. Baber began drawing at eight, enrolled in a college art class by twelve, had her first solo show at 30, and, by the time of her death at age fifty-four, was a widely respected artist and curator whose work was represented in major collections internationally.
The trajectory of Baber’s career mirrors many of her contemporaries: peripatetic youth, education interrupted by World War II, a stint in Paris, and then a shift to New York. Her deep-rooted interest in Asian culture was encouraged by a 1964 show with the Gutai Group in Japan alongside her thenhusband, fellow artist Paul Jenkins. She was especially enamored with cultural uses of color and spiritual mysticism, developing an impressive personal collection throughout her travels.
Color was everything for Baber.
“Anything you remember well you remember in very vivid color, and anything that’s particularly sort of gloomy becomes very gray,” she said in an interview with the Smithsonian Archives of American Art (Oral history interview with Alice Baber, May 24, 1973). “This has nothing to do with dreaming in color; that’s something else. Either one does or one doesn’t. My most interesting memories are in very brilliant color. I remember a day when I was four that it rained and it was green, everything. The rain was green, everything was green. And I remember looking at a sea shell when I was about three and everything was yellow. The whole world. And I think other people probably have somewhat similar feelings about color environment.”
She referred to these phenomena as color-hunger, her kind of preternatural yearning to use and understand color in ways both concrete and atmospheric throughout her work. It’s almost as if she was able to see a broader spectrum of colors than most and was desperate to describe them -- translating an unknowable language.
Olympus is an excellent example of Baber’s work: the balance of positive and negative space became increasingly important to her in the prime of her career, evidenced here in strong, fluid forms set against a stark white background, the vivid purples and blues fluctuating in opacity as if turning a kaleidoscope.
“I use the white ground in a number of ways,” she said in her Smithsonian interview, “I often paint a painting until it tells me to stop, and sometimes the white ground still shows. In most cases, I try to make the white ground either a pattern, so that it can be both negative and positive space, or if not that perhaps and atmospheric wind moving the other colors and shapes around… but if it doesn’t happen to appear, that’s all right, too.”
We are pleased to present Olympus contextualized in this sale with the work of many of Baber’s fellow artists: Balcom Greene (who she praised for his ability to “attack the figures with light”), Gene Davis and Robert Natkin, both of whom she included in her show Color Forum at the University Art Museum at the University of Texas at Austin in 1972, and her ex-husband, Paul Jenkins. Though Baber and Jenkins both explored color in their abstractions, Baber’s refined forms and careful layers of paint were contrasted by his fluid pourings. Though during their time Jenkins was perhaps the more recognized name, the recent interest in Baber’s work has accelerated her auction record to eclipsing his.
After painting through several grueling years of cancer, Baber’s career was cut short when she died in 1982 at just 54 years of age. An ardent self-professed feminist, she curated a show of women’s work called Color, Light and Image in 1972, and had put together several other shows in the years that followed. Her accelerated career – and talent – has indeed left us all with an insatiable color hunger
29 Sam
Francis
(AMERICAN, 1923-1994)
Untitled, 1973 gouache on paper signed Sam Francis, titled and dated (verso) 14 3/4 x 21 3/4 inches.
Provenance: Kornfeld und Klipstein, Bern, Switzerland Irving Galleries, Palm Beach, Florida Acquired from the above by the present owner in 1987
This work is registered at the Sam Francis Foundation, Glendale, under number SF73-287
$40,000 - 60,000
30 Norman Bluhm
(AMERICAN, 1921-1999)
Untitled, 1964 oil on paper laid to canvas signed Bluhm and dated (lower right) 30 x 22 inches.
Property from the Collection of Dominic Pangborn, Grosse Pointe, Michigan
Provenance: Manny Silverman Gallery, Los Angeles David Klein Gallery, Birmingham, Michigan Rosenthal Fine Art, Chicago
$8,000 - 12,000
31
Arthur Osver
(AMERICAN, 1912-2016)
Adagio mixed media on canvas laid to board signed A. Osver (lower left); signed and titled (verso) 40 x 34 1/2 inches.
Property from a Prominent Missouri Collection
Note to the buyer: This work is currently being stored at the Hindman St. Louis office. The shipment of the work from St. Louis will be at the buyer’s expense.
$2,000 - 4,000
32
Arthur Osver
(AMERICAN, 1912-2016)
Scherzo, 1989 mixed media on board signed A. Osver (lower left); signed, titled and dated (verso) 40 x 32 inches.
Property from a Prominent Missouri Collection
Note to the buyer: This work is currently being stored at the Hindman St. Louis office. The shipment of the work from St. Louis will be at the buyer’s expense.
$2,000 - 4,000
33
Arthur Osver
(AMERICAN, 1912-2016)
Allegro, 1989 mixed media on board signed A. Osver (lower left); signed, titled and dated (verso) 40 x 32 inches.
Property from a Prominent Missouri Collection
Note to the buyer: This work is currently being stored at the Hindman St. Louis office. The shipment of the work from St. Louis will be at the buyer’s expense.
$2,000 - 4,000
34
Stanley Boxer
(AMERICAN, 1926-2000)
POKEDPICKEDSLITHERINGCHILL, 1983 oil on linen signed S. Boxer, titled and dated (verso) 41 x 60 inches.
Provenance: Andre Emmerich Gallery, New York $4,000 - 6,000
Green Seam, 2008 pigment on paper 17 1/4 x 16 5/8 inches.
Provenance: Acquired directly from the Artist by the present owner $1,000 - 2,000
(AMERICAN, B. 1961)
Grate #12, 1993 pigment, wax, varnish, crayon on canvas signed H Oleary, titled and dated (verso) 36 x 36 inches.
Provenance: Zolla/Lieberman Gallery, Inc., Chicago $1,000 - 2,000
38 Robert Natkin (AMERICAN, 1930-2010) #4, 1973
acrylic on canvas signed Natkin (lower right); titled (verso) 18 1/2 x 38 1/2 inches.
Property of an Important Midwestern Institution to Benefit the Acquisitions Fund
Provenance: Gertrude Kasle Gallery, Detroit, Michigan Gifted by the Estate of Herbert J. Booth to the present owner in 2010 $3,000 - 5,000
39 Yang Yanping (CHINESE, B. 1934)
Autumn Morning, 1999 ink and color on rice paper signed with the Artist’s seal (lower right) 23 1/4 x 26 inches.
Provenance: Michael Goedhuis, London Acquired from the above by the present owner in 2000 $3,000 - 5,000
40
Toshiko Takaezu (AMERICAN, 1922-2011)
Closed Form, 1995 glazed ceramic inscribed TT Height: 7 inches.
$6,000 - 8,000
41 Massoud Arabshahi (IRANIAN,
1935-2019)
Untitled, 1986 oil on canvas signed Massoud Arabshahi and dated (lower left); signed and dated (verso) 54 x 48 inches.
Property from a Private Collection, Arizona $7,000 - 9,000
42 Sharon Louden (AMERICAN, B. 1964)
Hugs, 2005 colored pencil, acrylic, and Key Kolour paper
Each: 7 x 7 inches.
Provenance: Oliver Kamm/5 BE Gallery, New York
Von Lintel Gallery, New York
Literature: Georgette Gouvia, Drawing a line at the Neuberger, The Journal News, February 10, 2006 $1,000 - 2,000
43
John Von Wicht (AMERICAN/GERMAN, 1888-1970)
Blue, Red, White on Black, 1961 oil on canvas signed V. Wicht (lower right); signed (verso) 40 1/2 x 50 inches.
Provenance: Sold: University School of Milwaukee Auction, May 20, 1995 $3,000 - 5,000
44
Kyle
Thurman
(AMERICAN, B. 1986)
Untitled (108 West 28th Street, New York, NY 10001), 2012 flower pigment on canvas signed K Thurman and dated (verso) 24 x 18 inches.
Provenance: The Artist Eleven Rivington, New York The Greenberg Gallery, St. Louis
Exhibited: New York, New York, Eleven Rivington, Sarah Braman, Daniel Buren, Sam Falls, Mary Heilmann, Morris Louis and Kyle Thurman, June 21 - August 3, 2012 $2,000 - 4,000
Joan Snyder (AMERICAN, B. 1940)
Ah Sunflower, 1994-1995 oil, acrylic, papier mȃché, cheese cloth, herbs and wood on canvas signed Joan Snyder, titled, and dated (recto) 74 x 111 inches.
Provenance: Hirschl & Adler Modern, New York
Locks Gallery, Philadelphia, Pennsylvania
Robert Miller Gallery, New York Neilsen Gallery, Boston, Massachusetts
Exhibited:
Water Mill, New York, The Parrish Art Museum, Dreams for the Next Century: A View of the Collection, 1998 New York, New York, the Jewish Museum, Joan Snyder Painting Survey, 1969 - 2005, August 12 - October 23, 2005; Framingham, Massachusetts, The Danforth Museum of Art, November 10, 2005 - February 5, 2006
Literature:
Hayden Herrera, Joan Snyder, Harry N. Abrams, NY, 2005, pp. 122-123, illus.
Mark Stevens, Iron Joan, New York Magazine, NY, September 8, 2005, illus.
Joan Snyder: Painting Pioneer, Lilith Magazine, NY, Fall 2005, pp. 20-21, illus.
Maryanne Garbowsky, Joan Snyder: Painter, Printmaker and More, The Print Club of New York, Inc., NY, Fall 2006, pp. 4-5
Joan Marter, Snyder, Joan, The Grove Encyclopedia of American Art, Oxford University Press, NY, 2011, pp. 507
Marilyn Symmes with an essay by Faye Hirsch, Dancing with the Dark: Joan Snyder Prints 1963-2010, Zimmerli Art Museum at Rutgers University, Prestel Publishing, NY, 2011, pp. 111
$20,000 - 40,000
Ah, Sunflower
Throughout her storied career, various artistic movements have staked a claim to Joan Snyder’s work: abstract expressionism, neo-expressionism, feminist art – yet Snyder’s brilliant talent has managed to slip past all of them, while being everything all at once. Though her practice has evolved, the specific language that Snyder uses to communicate with her viewers was developed early on. It’s through this language that Snyder continues to speak -- deeply narrative and raw, both isolating and community-building, sometimes political and then all at once intensely personal – but rarely quiet and never apologetic.
Snyder was born on April 16, 1940, eventually receiving her undergraduate degree from Douglass College, and an MFA from Rutgers University. While she originally pursued sociology, Snyder was inspired to begin painting. With the distinction of ever visiting a museum prior to college, Snyder was wholly able to pursue her own artistic interests, her vision unsullied by movements currently in vogue, including the sterile world of Modernism--then popular--which she firmly rejected. She has since been the recipient of a MacArthur Fellowship, a Guggenheim Fellowship, and a National Endowment for the Arts Fellowship, among other accolades. As her work first began to gain traction in the 1970s, she increasingly abandoned formality for something more primal and confessional.
Central to the themes of Snyder’s work has been the concept of womanhood.
“In the late 60’s women had begun to talk, meet and organize. We were not being recognized or taken seriously, no matter the type or style of artwork we were attempting at the time. I remember calling male painters ‘the boys’, and I did that for years, because women were excluded from any dialogue at the time. Perhaps this is what allowed me to go my own way, to discover my own language, and to work so independently, just because I felt so excluded.”
(Feminist Art Statement, The Brooklyn Museum, 2007),
In Ah, Sunflower, Snyder weaves in elements of what has traditionally fallen under the gathering and crafting nature of “women’s work” in her materials – with cloth, berries, seeds, herbs – calls to early domesticity, homemaking, growing. Forms are built up from the canvas with papier-mâché and aggressive brushstrokes, the messages they bear sometimes partisan and sometimes deeply intimate.
The title Ah, Sunflower is itself derived from the work of a Romantic: the poet William Blake. Here, he writes about how sunflowers relentlessly follow the sun through the sky each day, posed as a lifelong aching longing or a meditation on time. Long resonating with artists and writers alike (such as Allan Ginsberg, for which it was a personal favorite), the poem reads as follows:
Ah Sun-flower! weary of time, Who countest the steps of the Sun: Seeking after that sweet golden clime Where the travellers journey is done.
Where the Youth pined away with desire, And the pale Virgin shrouded in snow: Arise from their graves and aspire, Where my Sun-flower wishes to go.
(Songs of Experience, 1974)
Ah, Sunflower is an excellent example of the dichotomy of narrative intimacy and larger-than-life expression that Snyder’s work portrays; the painting towers next to the onlooker, the life-size sunflowers almost blurred as they surround words from Blake’s poem; familiar and strange in the tenderness it conveys.
46 Joan
Snyder
(AMERICAN, B. 1940)
Midnight Garden, 1999 oil, acrylic, papier mȃché, nail and canvas on panel titled (verso) 60x 80 inches.
$15,000 - 25,000
47
Joan Snyder
(AMERICAN, B. 1940)
Untitled, 1972 oil on canvas signed Joan Snyder and dated (verso) 36 x 36 inches.
Provenance: Paley & Lowe, Inc., New York $10,000 - 15,000
48
Mark
di Suvero
(AMERICAN, B. 1933)
Untitled and Untitled, 1974 (a pair of works) ink wash on paper each: signed Mark di Suvero and dated (lower right) 12 x 18 inches each.
$1,500 - 2,500
49
Jorinde Voight
(GERMAN, B. 1977)
Superdestination 1 (im Wald), 2010 ink, pencil and colored pencil on paper signed Jorinde Voight and dated (lower right) 18 x 24 inches.
$5,000 - 7,000
50
Beatrice Caracciolo (ITALIAN, B. 1955)
Untitled, 2000 crayon and pigment on paper signed Beatrice Caracciolo and dated (verso) 17 1/4 x 17 1/4 inches.
Provenance: Charles Cowles Gallery, New York $3,000 - 5,000
51
Alexis Portilla (AMERICAN, B. 1965)
Quill, 1990 ink, graphite and acrylic on paper signed A. Portilla and dated (lower left) 30 x 40 inches.
$1,000 - 2,000
52
John
Newman
(AMERICAN, B. 1952)
Untitled (Dublin), 2000 colored pencil, chalk and ink on paper signed J Newman and dated (lower right) 12 x 8 1/4 inches.
$1,000 - 2,000
53 Alan
Davie
(SCOTTISH, 1914-2014)
Miraculous Flowers #2, 1969 watercolor on paper signed Alan Davie and dated (upper right); titled (upper left) 22 x 30 inches.
Provenance: Gimpel & Hanover Galerie, Zurich, Switzerland Gimpel Fils Gallery, Ltd., London
Exhibited: Munich, Germany, Galerie Stangl, Alan Davie, August 11 - 22, 1970
$3,000 - 5,000
Henry Moore (BRITISH, 1898-1986)
Reclining Figure, 1957 bronze edition of 12 Height 13 5/8 x 28 x 14 3/4 inches.
Property from the Collection of Leonard and Joan Horvitz, Moreland Hills, Ohio
Lot note: Conceived in 1957 and cast in bronze in an edition of 12 plus 1. This work is recorded in the archives of the Henry Moore Foundation.
Provenance: M. Knoedler & Co., New York
Sold: Parke-Bernet Galleries, New York, March 16, 1960, Lot 46 The Brett Mitchell Collection, Inc., Cleveland, Ohio Acquired from the above by the present owner in 1991
Exhibited: Washington, DC, Gallery of Modern Art, Twentieth Century Painting and Sculpture: selected from private collections in Connecticut, September 17October 24, 1965; Hartford, Connecticut, Wadsworth Atheneum, October 28 - December 6, 1965, no. 50
Literature:
Alan Bowness (ed.), Henry Moore: Sculpture and drawings, Sculpture 195564, London, 1965, vol. III, p. 24, no. 413, pls. 38a & 38b, another cast illustrated
Herbert Read, Henry Moore, A Study of his Life and Work, London, 1965, pl. 196, another cast illustrated
Ionel Jianou, Henry Moore, Paris, 1968, p. 82, no. 407
John Hedgecoe & Henry Moore, Henry Moore, London, 1968, p. 235, another cast illustrated
Robert Melville, Henry Moore, Sculpture and Drawings 1921-1969, New York, 1971, nos. 541 & 544, pl. XXIII, another cast illustrated
Giulio Carlo Argan, Henry Moore, New York, 1972, nos. 139 & 140, another cast illustrated
David Mitchinson (ed.), Henry Moore Sculpture, London, 1981, p. 141, no. 294, another cast illustrated
Alan Bowness (ed.), Henry Moore, Complete Sculpture, 1955-64, London, 1986, vol. III, p. 38, no. 413, another cast illustrated
$600,000 - 800,000
Henry Moore and the Reclining Nude
This bronze sculpture by Henry Moore (1898-1986) of a recumbent figure is a wonderful example of one of Moore’s most frequent motifs—the reclining nude. One of only twelve plus one casts of this sculpture, this work reflects Moore’s mature style and themes of universalism, homage to the art historical tradition, and the balancing of form and space.
Known for his rounded forms emphasizing both the natural landscape and the human being, Moore became ubiquitous with post-war Britain, where his work emphasized the “optimistic, humanist values embodied in modernism and opposed to Fascism.” This position was cemented by his first international retrospective held at MOMA in 1946 and his one-man show representing Britain at the Venice Biennale in 1948, where he won the International Sculptural Prize. Moore’s international reputation continued to grow with such commissions as Reclining Figure, 1957-1958, for the UNESCO headquarters in Paris. Conceptualized right before this monumental commission and representing the same themes is this work that Hindman is pleased to offer here, Reclining Figure, 1957.
As evidenced by the shared theme of the UNESCO commission and of this bronze, Moore frequently revisited the motif of the reclining nude throughout his oeuvre. As he once explained:
“The reclining figure is an absolute obsession with me, of course, and at one time the relationship of Mother and Child was another. I don’t like to repeat an experience that I’ve once had in my work, but there are some that I can’t get away from. I wake up in the morning and there they are, day after day, until I do something about it.”
Moore, in his quest to engage with the reclining figure worked to ensure the viewer’s ability to engage with this sculpture as well through its emphasis on the everyman or woman. This sculpture, without hands, feet, or defining facial features, also lacks specific cultural or ethnic characteristics—clothing, ornamentation, and skin color. While pulling from the long art historical tradition of the reclining nude which was most often female, the figure is ultimately androgynous, allowing it to be universally representational. Originally influenced by sculptor Jacob Epstein, as well as sculpture at the British Museum that he viewed as a student, Moore pulled from art historical sources as varied as classical Greece and Rome to Latin America. Referencing this wide body of international and transhistorical sources, Moore worked to create sculptures that were thus universally understandable and relatable across cultures.
While the universality of this work appeals, the figure also draws in the viewer through its compositional unity and form. The figure has an openness to engage the viewer—the knees and head lean toward the viewer’s position, the figure caught in the process of sitting up, twisting to interact with spectator. This twisting creates a perfect balance of movement and weight. The sculpture is grounded in the center, lending a bow-shaped center of gravity to the figure’s position, suggesting a certain impossible weightlessness in the tapered arms and legs which thus provides an elegance to the figure’s pose. As Moore noted about the reclining nude’s compositional opportunities:
“There are three fundamental poses of the human figure. One is standing, the other is seated and the third is lying down…But of the three poses, the reclining figure gives me the most freedom, compositionally and spatially. It is free and stable at the same time. It fits in with my belief that sculpture must be permanent, should last for an eternity…”
In this work, Moore’s careful compositional balancing of dynamism and stasis through his applied variations of weight and tapered limbs, creates a work that is invariably engaging. As explored through the motif of the reclining nude, this work combines formal balance and elegance with a universal audience to create a sculpture emblematic of Moore’s life-long artistic practice that also memorializes Moore’s efforts at the arguable height of his career.
Bibliography: Jianou, Ionel. Henry Moore. New York: Tudor Publishing Co, Inc. 1968. The Henry Moore Foundation. “Henry Moore Biography: A Rise to Fame.” Accessed July 7, 2022. https://www.henry-moore.org/ about-henry-moore/biography/a-rise-to-fame.
I The Henry Moore Foundation,“Henry Moore Biography: A Rise to Fame,” accessed July 7, 2022, https://www.henry-moore.org/ about-henry-moore/biography/a-rise-to-fame.
II Ionel Jianou, Henry Moore (New York: Tudor Publishing Co, Inc. 1968), 72. III Ibid.
Married in January of 1988, Ted and Sherri Pincus loved to travel the world and began collecting art early in their marriage. Ted was the Chairman and CEO of the Financial Relations Board, an international public relations firm based in Chicago, with offices throughout the United States. Sherri, his wife, has extensive experience as a professional chef, cooking teacher, and cookbook author. During one trip, they visited a large, outdoor Fernando Botero exhibit in Florence, Italy and decided that one day they would acquire one of his pieces for their collection. Purchased in 1998 from Irving Galleries in Palm Beach, Florida, the lovely Ballerina appealed to them because of her voluptuous grace and balance. Ballerina, 1981, is representative of Botero’s distinctive style of volumetric, oversized shapes with unexpected shifts in scale. Drawing from art historical themes that range from the Middle Ages, the Italian quattrocento, and Latin American colonial art to the modern trends of the 20th century, the artist’s large cast of characters form one of the most unique bodies of work in 20th and 21st century art.
Botero’s interest in art began in Colombia, where he was born in 1932. It was here that he was exposed to pre-Columbian and Spanish colonial art and began to make his own drawings and watercolors at an early age. In 1952, he was awarded a Second Prize at the National Salon in Bogotá. With the money Botero earned from this award, the young artist traveled to Europe, where he encountered the work of the Old Masters, as well as the avant-garde art of Picasso and Braque. As a result, much of his work contains references to such European masters as Jan Van Eyck and Peter Paul Rubens and embraces the Renaissance tradition of abundantly fleshed nudes and statuesque figures. It was also during these formative years in Europe that Botero began to simplify his images and developed his signature style of monumental, smoothly rounded figures and inflated shapes that expand across the composition. In the 1970s, Botero’s dedication to the expression of volume and mass led to the translation of his oversized images on canvas into sculpture, producing enormous bronze figures and animals.
The simplicity and dimensions of Ballerina can be linked to pre-Columbian works, in which broad torsos and flared hips and thighs are common features. Likewise, the dancer’s almond-shaped eyes that stare resolutely ahead recall those of the Tolita-Tumaco figures from ancient Colombia and Ecuador. However, Botero has modernized his sculpture in its subject matter. With her left leg and right arm upraised, Ballerina gracefully balances on her powerfully muscular right leg. The stance is similar to those of Degas’ dancers, who are seemingly suspended in uncertain mid-motion, in danger of losing balance. With his desire to represent tangible volume in monumental form, Botero’s dancer instead confidently possesses the space in which she exists. The artist has distilled the essence of shape and volume, the figure’s plastic form a celebration of strength and vigor. “Sculpture enables me to create real volumes,” Botero once reflected. “Sculpture is like a caress. You touch the form, you can give the forms the softness, the sensuality you want. It’s magnificent.”
Li Chen (TAWAINESE, B. 1963) Landscape in Heaven, 2001 bronze inscribed Li Chen, dated and numbered 1/8 22 x 14 1/2 x 14 inches.
Provenance: Michael Goedhuis, London Acquired from the above by the present owner in 2003 $30,000 - 50,000
58
Enrico Baj (ITALIAN, 1924 – 2003)
War Hero, 1959 oil and collage on fabric signed Baj (lower right) 12 x 15 1/2 inches.
Provenance: Douglas and Carol Cohen, Highland Park, Illinois Sold: Museum of Contemporary Art, Chicago, 8th Benefit Art Auction, 1987, cat. L69, gift of the above $8,000 - 12,000
59
Antoni Clavé (SPANISH, 1913-2005)
Guerrier, 1959 oil and collage on board signed Clavé (lower right); signed, titled, and dated (verso) 58 3/4 x 46 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: Sala Gaspar, Barcelona, Spain A Private Collection, Barcelona, Spain Joseph Cantor, Carmel, Indiana Daniel Cantor, Trustee of The Joseph Cantor Foundation, Indianapolis, Indiana
Exhibited: Geneva, Switzerland, Museé Rath, Clavé, June 10 - August 13, 1961
Literature: Museé Rath, Clavé: 25 ans de peinture, Ville de Genève, Switzerland, pp. 62, no. 95, illus.
$15,000 - 25,000
Antoni Clavé and Historical Memory
Particularly clear in the two works by Catalonian artist Antoni Clavé (1913-2005) offered here is Clavé’s prioritizing of found objects and sources that play with the idea of historical memory. Both from the Indianapolis Museum of Art at Newfields, sold to benefit the Acquisition Fund, Guerrier (1959) and Empreinte No. 6 (1960) rely on collage and primitive mark-making to evoke a historical past.
Born and raised in Barcelona, Clavé had jobs in both a textile shop and as an apprentice house painter while young, while also taking art school night classes. He began working to create film posters for the facades of cinemas in Barcelona in 1932. After the Spanish Civil War broke out, Clavé joined the fight against Franco in 1937, making propaganda posters, until Barcelona was taken by the Nationalists and Clavé fled to France as a refugee where, until, after being interned in refugee camps along the French border, he arrived in Paris. Once in France, Clavé moved in artistic circles and often worked with fellow Spanish exiles to combat Franco from abroad, including Picasso.
In 1955-56, drawing from real and fictional figures for pastiche, Clavé began what would be one of his most well-known series, Rois et Guerriers (Kings and Warriors), to which Guerrier (1959) belongs. Through Clavé’s wistful and comical characterization here, the traditional knight of Guerrier (1959) becomes Don Quixote, nostalgic for a Spain past. Clavé began to include collage into his painting practice in 1956 and utilized collage here. Set in a shallow background of blues and grays, the knight, in oranges, grays, and blacks and made up of paint and collage, including torn newspapers, is in three-quarter view. The knight has a helmet and breastplate made with three-dimensional ornamentation and embossing while he holds a spear at attention in his right hand. In his left hand is a shield that also reads as an open book, facing the viewer. There is a rose—a Romantic touch--, in streaks of red with green-tinted leaves, right above the center of the breast-plate. Influenced throughout his career by African masks, the painted facial features of Clavé’s warrior are child-like-- eyes and mouth in open O’s while the mustache and eyebrows are painted in long swathes of black. Aude Hendgen, the head of the Antoni Clavé Foundation, has noted that Clavé’s Guerriers are “hardly frightening” since they usually are mutilated in some way. Indeed, with his weapon pointed up and cut off at the knees this warrior does not pose a real threat. Rather, like others of the warrior series according to Hendgen, Clavé “creates a work that does not answer any order, a reflection through the distancing, combined of the form, oil and collage of torn and roughly sewn canvases and the background.” Here, more specifically through the historic and Romantic elements of antiquated armor, rose, and book-shaped shield on a particularly befuddled knight, embody the Don Quixote of Spanish tradition, rendered inert. This interest in the survival of historical memory—even if, in the case of the warrior, greatly diminished--is also clear in his sculpture made a year later: Empreinte No. 6 (1960.
This work is a metal bas relief of different figures and shapes, presented on red velvet like a museum specimen. The small man in the middle left, defined not dissimilarly to the Guerrier out of squares with child-like touches of beady eyes and swoop of mustache are reminiscent of cave drawings. Purposefully rusted in certain patches, with craters and crevices, and jagged edges throughout, the work has the impression of having been exposed to the elements, dug up. Taken as a whole, the sculpture gives the impression of an archaeological find, an empreinte (footprint) of a past civilization.
As Pierre Daix described of Clavé’s output in his 2001 book on Clavé’s assemblages: “The act of cutting out, of tearing, that of gluing, that of arranging and that of wielding a paintbrush or a pencil all take part in the same enterprise, that gathers up something that has been seen, something that has been left behind, some such fleeting encounter of images. There is first of all the unity of creation.”
Through his methodology of combining a variety of materials, including found objects, and evoking historical and fictional sources, Clavé’s works, particularly the two offered here, resonate with the viewer through their reflection of a shared cultural memory.
Bibliography: Antoni Clavé Foundation.“Eco.” Accessed November 9, 2022. https://www.antoni-clave.org/en/art/eco/ Corredor-Matheos, José. “Antoni Clavé: Observing and Reaching the World.” In Antoni Clavé: l’esprit du Guerrier, edited by Aude Hendgen and Sitor Senghor, 172-187. Milan: Silvana Editoriale S.p.A, 2022.
Hendgen, Aude. “A View of African Art. The Spirit of the Warrior in the Art of Antoni Clavé.” In Antoni Clavé: l’esprit du Guerrier, edited by Aude Hendgen and Sitor Senghor, 24-51. Milan: Silvana Editoriale S.p.A, 2022.
I José Corredor-Matheos, “Antoni Clavé: Observing and Reaching the World, in Antoni Clavé: l’esprit du Guerrier, ed. Aude Hendgen and Sitor Senghor (Milan: Silvana Editoriale S.p.A, 2022), 179. II Aude Hendgen, “A View of African Art. The Spirit of the Warrior in the Art of Antoni Clavé,” in Antoni Clavé: l’esprit du Guerrier, ed. Aude Hendgen and Sitor Senghor (Milan: Silvana Editoriale S.p.A, 2022), 29. III Ibid., 42-43.
IV Ibid., 45. VAntoni Clavé Foundation,“Eco,” accessed November 9, 2022, https://www.antoni-clave.org/en/art/eco/.
60
Antoni Clavé (SPANISH, 1913-2005)
Empreinte No. 6, 1960 lead bas relief on velvet 17 x 24 x 2 1/2 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: Galerie Dresdnere, Montreal, Quebec
Joseph Cantor, Carmel, Indiana
Daniel Cantor, Trustee of The Joseph Cantor Foundation, Indianapolis, Indiana
Literature:
Lluís Permanyer, Clavé escultor, Ediciones Polígrafa, Barcelona, 1989, pp. 45, reference number 105.
Jean Cassou, Antoni Clavé, The New York Graphic Society, New York, 1960, pp. 45, reference number 105.
$5,000 - 7,000
61
Purvis Young
(AMERICAN, 1943-2010)
Untitled (Street Scene) and Untitled (Cityscape) (a pair of works)
each: signed Young (upper right) 18 x 35 7/8 inches.
Property from the Collection of Alexander Ingram, Chicago, Illinois $2,000 - 4,000
62
John Clem Clarke
(AMERICAN, 1937-2021)
Construction #15 (DINER), 1976 oil on canvas and board signed John Clem Clarke, titled and dated (verso) 51 x 85 x 2 5/8 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: OK Harris Works of Art, New York
Exhibited: Indianapolis, Indiana, Indianapolis Museum of Art, Painting & Sculpture Today 1978, June 15 - July 30, 1978 $2,000 - 4,000
63
Joan Waltemath (AMERICAN, B. 1953) Undercurrent (east 3), 2007 graphite, colored pencil and tempera on rag paper signed Waltemath and dated (lower right); titled (upper left) 11 3/4 x 8 inches.
$1,000 - 2,000
64
Joan Waltemath (AMERICAN, B. 1953) 0813, 2005 mixed media on mylar signed Joan Waltemath, titled and dated (verso) 13 x 18 inches.
$1,000 - 2,000
65
Katia Santibañez (FRENCH, B. 1964)
Memory of the West, 2006 pencil on paper 9 x 5 inches.
$1,000 - 2,000
66
Alexander Gorlizki (BRITISH, B. 1967)
Hard and Soft, 2007 pigment on paper 18 5/8 x 14 5/8 inches.
Provenance: Acquired directly from the Artist by the present owner
$1,000 - 2,000
67
Dzine (Carlos Rolón) (AMERICAN, B. 1970)
Untitled, 2010 acrylic and crystilina on wood panel signed Dzine and dated (verso)
Diameter: 50 inches.
$6,000 - 8,000
34 1/4 x 27 1/4 inches.
Property from the Minneapolis College of Art and Design, Sold to Benefit Student Scholarships
Provenance: Dr. and Mrs. William McGuire MCAD Associates Auction, 1994, gift of the above $15,000 - 25,000
69 Gloria Ortiz-Hernández (COLOMBIAN, b. 1943)
Plate/Shift #1, 2005 vine charcoal, raw pigment, pencil on Fabriano paper 22 x 22 inches.
$1,000 - 2,000
70
Gloria Ortiz-Hernandez (COLOMBIAN, b. 1943)
Plate/Shift #2, 2005-2006 charcoal, raw pigment and pencil on Fabriano paper 22 x 22 inches.
$1,000 - 2,000
steel and glass inscribed Christopher Wilmarth, titled and dated (verso) 56 x 60 inches.
Property belonging to the JFM Foundation Collection, Denver, Colorado $30,000 - 50,000
72 Jacob El Hanani (AMERICAN/ISRAELI, B. 1947) Letter Fall, 2005 ink on paper signed Jacob El Hanani, titled and dated (verso) 6 1/4 x 9 inches
Provenance: Nicole Klagsbrun, New York $1,500 - 2,500
73
Gene Davis (AMERICAN, 1920-1985)
Night Sounds, 1979 acrylic on canvas signed Gene Davis, titled and dated (verso) 32 1/2 x 25 1/2 inches.
Provenance: The Hang Up Gallery, Sarasota, Florida $10,000 - 15,000
74 Jean Pierre Yvaral (Vasarely) (FRENCH, 1934-2002)
Progression Polychrome, 1970 acrylic on composition board signed Yvaral, titled and dated (verso) 34 3/4 x 34 3/4 inches.
Provenance:
Galerie Denise Rene, Paris
Sold: Sotheby’s New York, June 23, 1982, Lot 122 Sold: Leslie Hindman Auctioneers, December 13, 2018, Lot 16
$8,000 - 12,000
75 Henrik Eiben (GERMAN, B. 1975) o.T. (Blueyes), 2009 lacquer and watercolor on paper signed Henrik Eiben, titled and dated (verso) 11 7/16 x 7 7/8 inches.
$1,000 - 2,000
(AMERICAN, 1936-2006)
Rosy Cardita, 1970 acrylic on canvas titled (verso) 69 x 252 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields $10,000 - 15,000
Meuser (GERMAN, B. 1947)
Untitled, 1980 steel
21 3/4 x 34 3/4 x 13 1/2 inches.
$3,000 - 5,000
Property of an Important Midwestern Institution to Benefit the Acquisitions Fund
Exhibited: Flint Michigan, The Flint Institute of Arts: Who’s Who in America, Who’s Who in American Art, November 4 - December 31, 1966, Purchase Prize $3,000 - 4,000
79
Robert Goodnough
(AMERICAN, 1917-2010)
Color, White, Color, 1981 oil and acrylic on canvas signed Goodnough and dated (lower right); signed, titled and dated (verso) 45 x 65 inches.
Property from the Collection of Dominic Pangborn, Grosse Pointe, Michigan
Provenance: Andre Emmerich Gallery, New York R.H. Love Galleries, Chicago $3,000 - 5,000
81
Dorothea Rockburne (CANADIAN,
B. 1932)
Locus (complete portfolio of 6), 1972-1975 aquatint, etching, pencil, and white oil paint on Strathmore rag each: signed, dated and numbered 31/42 in pencil each: 39 3/4 x 30 1/16 inches.
Literature:
Karin Breuer, Ruth Fine, Steven A. Nash, Thirty-five Years at Crown Point Press: Making Prints, Doing Art, University of California Press, CA, 1997, pp. 88, illus. Carter Ratcliff, Dorothea Rockburne: New Prints, The Print Collector’s Newsletter by Art in Print Review, Chicago, IL, Vol. 5, No. 2 (May - June 1974), pp. 30-32.
$25,000 - 35,000
Dorothea Rockburne: Locus
Dorothea Rockburne, an artist now in her eighties, has always used intellectual rigor to assert herself and her art. Born in Montreal, the artist left for North Carolina in 1950 to attend the radically innovative Black Mountain College alongside fellow students Cy Twombly, John Chamberlain, and Robert Rauschenberg. The interdisciplinary curriculum encouraged blending of thought and practice. Her education under German mathematician Max Wilhelm Dehn – a German expatriate and friend of Albert Einstein – and epiphanies about the abstract qualities of dance initiated her interest in mathematics as an approach to the making of objects. By late 1960s and early ‘70s, this approach came to fruition, and she began to wholly engage with mathematics as an avenue to explore the new Minimalist idiom in art. Thusly, Locus, one of the few editioned works Rockburne produced in this period, holds its own among the conceptually challenging work of the artists in her circle.
Minimalism, noted for its simplicity of form and its representation of only the object itself, offered a highly purified form of beauty. At the same time, especially in the hands of Rockburne, minimalist work could embody concepts more true and foundational than naturalistic painting or sculpture. Between 1969 and 1972, Rockburne made a series, including Locus, that adopted ideas from set theory: the mathematics of well-defined collections. In set theory, a “locus” is all the points that satisfy a series of conditions. For example, the infinite set of points that define the perimeter of a circle satisfy the condition of being equidistant from the circle’s center. In Locus, each of the six sheets of paper were subjected to predetermined operations of drawing, folding, pressing, and painting. This emphasizes the physical properties of the media of the artwork and draws attention to their similarities and differences. The predetermined and precise nature of the artwork likewise meant that Locus was reproducible and could be made into an editioned portfolio, loosening the relationship between the work of art and the unique object. By her use of set theory and these rules of transformation, works like Locus rivaled the intellectual complexity of those of her contemporaries.
Locus takes abstraction as a modernist idiom to its logical conclusion. The artwork presents six sheets of white paper that together form a self-referential topography. Each sheet was folded in upon itself and run through a printing press so that the folds and edges of the sheet would create embossed lines. While folded, the artist applied white paint to the topmost exposed parts of the sheet using a textured aquatint plate, resulting in a near-imperceptible contrast between white paint and white paper. At the center of each sheet the artist drew with pencil a soft X. The six sheets thus become monochromatic yet multiplanar images: one can fold and unfold them in the mind, imagining the sequence that resulted in the lattices, planes, and symmetries impressed on the paper. Some lines are major folds, others secondary, and yet others ghost impressions of the paper embossing itself under the pressure of the press. The X at the center remains consistent in each, but the point from which all the folds radiate changes location through the series. These meeting points dance around the central X, some aligning with the directions of the lines, others parallel to their intersection. The folding of the paper, and the printing on top of the folds, memorializes the artwork’s points of contact with itself – ultimately resulting in a set that conforms to the rules and conditions established by the artist.
82 Richard Hunt
(AMERICAN, B. 1935)
Untitled, c. 1965 welded steel inscribed Hunt Height: 39 3/4 inches.
$30,000 - 50,000
African Warrior, 2003 bronze inscribed E. Villa and dated 26 x 11 1/2 x 11 inches.
$3,000 - 5,000
Jane Sauer (AMERICAN, B. 1974)
Untitled knotted wax linen dimensions variable.
$3,000 - 5,000
85 Ursula von Rydingsvard (AMERICAN, B. 1942)
Untitled, 1997 wood inscribed U. von Rydingsvard and dated (verso)
96 x 17 x 9 inches.
$10,000 - 15,000
86
Sonya
Clark
(AMERICAN, B. 1967) Brown Pair, 2001 polyester fleece and thread each: 9 1/2 x 7 1/2 x 4 1/2 inches. $2,000 - 4,000
87
Sabine Finkenauer (GERMAN, B. 1961)
Untitled, 2017 crayon and collage on paper intialled SF (lower right; signed and dated (verso) 11 7/16 x 8 1/4 inches.
Provenance: Arroniz Arte Contemporaneo, Mexico City $1,000 - 2,000
88 Alexander
Calder
(AMERICAN, 1898-1976)
Untitled, 1961 gouache, pencil, and ink on paper signed Calder and dated (lower right) 24 3/4 x 35 5/8 inches.
Property from the Estate of a Private Collector, Denver, Colorado
This work is registered in the archives of the Calder Foundation, New York, under application number A29812
$30,000 - 50,000
89 Alexander Calder (AMERICAN, 1898-1976)
Butterfly and Shore Bird, 1972 gouache and ink on paper signed Calder and dated (lower right) 29 1/2 x 43 1/4 inches.
Provenance: Perls Galleries, New York Donald Morris Gallery, Birmingham, Michigan 1972
Exhibited: Flint, Michigan, Flint Institute of Art, Alexander Calder: Mobiles, Stabiles, Gouaches, Drawings from the Michigan Collections, February 20-March 27, 1983 numbered 55 on page 30 in text
This work is registered in the archives of the Calder Foundation, New York, under application number A06544
$40,000 - 60,000
90 Amelia Peláez (CUBAN, 1896-1968)
Untitled, 1962 initialed AP and dated (lower right)
17 1/8 x 13 7/8 inches.
Property from the Collection of Alexander Ingram, Chicago, Illinois
$3,000 - 5,000
91 Eleanore Mikus (AMERICAN, 1927-2017)
The Red Barn Train, 1972-73 acrylic on canvas signed Eleanore Mikus, titled and dated (verso) 72 x 72 inches.
Sold to Benefit the Acquisition Fund of the Indianapolis Museum of Art at Newfields
Provenance: OK Harris Works of Art, New York $3,000 - 5,000
ARTIST INDEX
ARTIST NAME LOT
Abercrombie, Gertrude 3, 4
Africano, Nicholas 11
Alexander, John 12
Siqueiros, David Alfaro 35
Ando, Miya 22
Arabshahi, Massoud 41
Baber, Alice 28
Baj, Enrico 58
Bell, Larry 68
Berman, Eugene 8
Bluhm, Norman 30
Boghosian, Varujan 5, 6
Botero, Fernando 55
Boxer, Stanley 34
Calder, Alexander 88, 89
Cancio, Carlos 13
Caracciolo, Beatrice 50
Cárdenas, Juan 16
Chen, Li 56
Clark, Sonya 86
Clavé, Antoni 59, 60
Clarke, John Clem 62
Villa, Edoardo Daniele 83
Davie, Alan 53
Davis, Gene 73
Davis, Nicholas 1
Davy, TM 9
di Suvero, Mark 48
Dzine (Carlos Rolón) 67 Edelmann, Yrjö 80
Eiben, Henrik 75
El Hanani, Jacob 72
Finkenauer, Sabine 87 Francis, Sam 29
Goodman, Sidney 18 Goodnough, Robert 79
Gorlizki, Alexander 36, 66
Greene, Balcomb 14
Hambleton, Richard 23, 24
Hau, Tran Luu 57
Hinman, Charles 78 Hunt, Richard 82 Jenkins, Paul 27
Louden, Sharon 42
Lutes, Jim 2
Meuser 77
Mikus, Eleanore ...................... 91
Mitoraj, Igor ......................... 10 Moessel, Julius ....................... 7 Moore, Henry ........................ 54
Natkin, Robert ....................... 38
Newman, John 52
Nilsson, Gladys 19, 20
Okada, Kenzo 25, 26
O’Leary, Helen 37
Ortiz-Hernández, Gloria 69, 70
Osver, Arthur 31, 32, 33
Paschke, Ed 15
Peláez, Amelia 90
Petlin, Irving 17
Yvaral (Jean-Pierre Vasarely) 74
Portilla, Alexis 51
Rockburne, Dorothea 81
Santibañez, Katia 65
Sauer, Jane 84
Snyder, Joan 45, 46, 47
Takaezu, Toshiko 40
Thurman, Kyle 44
Voight, Jorinde 49
von Rydingsvard, Ursula 85
Von Wicht, John 43
Waltemath, Joan 63, 64
Wilmarth, Christopher 71
Winn, James 21
Yanping, Yang 39
Young, Purvis 61
Zox, Larry 76
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 11/9/22
Guide for Prospective Sellers and Buyers
GUIDE FOR PROSPECTIVE SELLERS
Evaluation of Property
Hindman is pleased to provide complimentary auction estimates for items you’re considering consigning. You are welcome to submit items electronically (consign@hindmanauctions.com) or to contact any of our offices directly.
Our specialists are eager to help you learn more about your collection and current auction sale estimates.
To begin an estimate, our specialists will need:
• At least 3 photos
• Detailed description
• Details on signatures or marks
Shipping Arrangements
Buyers assume full responsibility for the packing and shipping of lots won at auction. Our Recommended Shippers offer a wide variety of local, domestic, and international shipping options.
In the interest of our clients, Hindman requires a written authorization from the buyer in order to release property to anyone other than the purchaser of record (including but not limited to our recommended shippers). You may submit the Shipping Release Form via fax to 312.280.1211 or email to shipping@hindmanauctions.com
Appraisals
Our exceptional team of specialists regularly appraises property by analyzing market trends and conducting comprehensive research. Specialists evaluate thousands of objects each year for auction, allowing them to closely monitor the nuances of the current market.
Professional appraisals are prepared for estate tax, gift tax, charitable contribution, insurance and for equitable distribution purposes.
• Estate Tax
• Gift Tax
• Charitable Contribution
• Insurance
• Appraisals
for Corporate Valuation Needs
Our trust and estates department recognizes that each client and appraisal situation is unique and often involves multiple asset categories and residences. Fees for appraisals are determined by the number of specialists, hours involved and the necessary travel and expenses. Our competitive fees are negotiated based upon the express needs of each client and are competitive within the marketplace.
Please contact our Appraisals Department (appraisals@hindmanauctions.com) for more information.
Estate Services
Estate settlement is a meticulous and multi-faceted process. Hindman provides executors, fiduciaries and beneficiaries throughout the country with confidential and customized appraisals and disposition services. All appraisals are prepared fully in accordance with USPAP guidelines and meet all current requirements set forth by the IRS.
We recognize that each client and appraisal situation is unique and often involves multiple asset categories and residences. Our Trusts and Estates department offers services that are tailored to meet our clients’ timelines and specifications.
Our specialists offer complimentary walk-through services with the goal of providing an accurate representation of each items’ value based on the current auction market. A detailed proposal outlining the manner in which a sale will be conducted from the initial value assessment to removal of the property and settlement is provided to all parties involved.
Please contact our Estate Services (inquiries@hindmanauctions.com) team for more information.
Updated 9/7/22
GUIDE FOR PROSPECTIVE BUYERS
Conditions of Sale
All bidders with Hindman LLC must read and agree to Conditions of Sale posted in this catalogue prior to bidding at an auction.
Viewing Auction Items
It is highly recommended that all prospective bidders either view the sale via our online catalogue or contact Hindman LLC for further images or to schedule an appointment to view objects in person.
Estimates
Hindman LLC provides catalogue descriptions and pre-auction estimates for each lot included in the sale. These estimates are a guide for prospective bidders. They are not definitive. All pre-sale estimates are subject to revision.
Condition Reports
We are happy to provide a condition report for lots with a low estimate of $300 and above. Nevertheless, intending buyers are reminded that condition reports are statements of our opinion only, and that each lot is sold “AS IS,” per our Conditions of Sale, as outlined in the back of this catalogue. All lots should be viewed personally by prospective buyers or their agents to evaluate the condition of the property offered for sale due to the highly subjective nature of condition reports.
Bidding at Auction
The highest bidder acknowledged by the auctioneer will be the purchaser. In addition to the hammer price, the buyer agrees to pay Hindman LLC a buyer’s premium as well as any applicable taxes.
Bidding Increments
Bidding generally opens at half the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction.
The standard bidding increments are:
$0 - $500 ....................................... $25 $500 - $1,000 $50 $1,000 - $2,000 $100 $2,000 - $5,000 $250 $5,000 - $10,000 $500 $10,000 - $20,000 $1,000 $20,000 - $50,000 $2,500 $50,000 - $100,000 $5,000 $100,000 - $200,000 $10,000
Above > $200,000 At Auctioneer’s Discretion
In-House Bidding
Our auctions are free and open to the public with no obligation for attendees to bid. Registration requires your full contact information, photo identification, credit card information, your signature and agreement to the Conditions of Sale.. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.
Live Bid Online
Hindman LLC allows absentee and live bidding through our website at hindmanauctions.com as well as absentee and live bidding through third party online bidding providers which vary by sale. For more information regarding online bidding please visit our website at hindmanauctions.com.
Absentee Bidding
If you are unable to attend an auction, you may place an absentee bid, either through our website at hindmanauctions.com 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.
John Wilde (AMERICAN, 1919-2006)
H. and Death #2, 1968 To be offered in the Figuratively Speaking Sale Estimate: $10,000 - 15,000 Sale 1150
Seeking Fantastical Figuration
Joseph Stanfield
Vice President, Senior Specialist, Fine Art 312.600.6063
josephstanfield@hindmanauctions.com
Zachary Wirsum
Director, Senior Specialist, Post War & Contemporary Art 312.600.6069
zacharywirsum@hindmanauctions.com