POST WAR & CONTEMPORARY ART
19 APRIL 2023
19 APRIL 2023
SALE 1147
19 April 2023
10:00am CT | Location | Live + Online
Lots 1–131
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LOTS 1-131
PROPERTY FROM THE TRUSTS AND ESTATES OF Property from the Estate of a Renowned Art Dealer, New York, New York
Property From the Estate of Lucia Woods Lindley
Property from the Estate of Bernice Weissbourd, Evanston, Illinois
PROPERTY FROM THE COLLECTIONS OF Property from a Corporate Art Collection
Property from a Private Collection
Property from a Private Collection, Arizona
Property from a Private Collection, Atlanta, Georgia
Property from a Private Collection, Chicago, Illinois
Property from a Private Collection, Napa, California
Property from a Private Collection, Winnetka, Illinois
Property from a Washington, D.C. Estate
Property from the Collection of an American Company
Property from the Collection of Dr. and Mrs. Constantine Mamouris, New York, New York
Property from the Collection of Edith S. Peiser, Boca Raton, FL
Property from the Collection of Jena Sher, Brookfield, Wisconsin
Property from the Collection of Lynde B. Uihlein, Milwaukee, Wisconsin
Property from the Collection of Sanford Edward Cohen
Property from the Collection of the National Council of Jewish Women, St. Louis, Missouri
Property from the Personal Collection of John and Shirley Wilde, Represented by the Tory Folliard Gallery
PROPERTY SOLD TO BENEFIT
Deaccessioned from the Boca Raton Museum of Art to benefit the Acquisitions Fund
Property from a Private Pennsylvania Estate, Sold to Benefit the National Museum of Women in the Arts, Washington D.C.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
OPPOSITE
Lot 126
Provenance:
Sean Kelly Gallery, New York
$5,000 - 7,000
(AMERICAN, B. 1942)
Yellow Stripe, 1971 acrylic on canvas
signed Joyce Kozloff, titled and dated (verso) 78 x 78 inches.
Provenance:
Tibor de Nagy Gallery, New York
$3,000 - 5,000
Claire Falkenstein (AMERICAN, 1908-1997)
Untitled (Never Ending Screen), c. 1960 bronze fused iron Diameter: 15 1/2 inches.
Gifted by the Artist to a Private Collection, Manhattan Beach, California
Sold: Wright, October 7, 2007, Lot 176 Private Collection, Colorado
$6,000 - 8,000
6 Claire Falkenstein (AMERICAN, 1908-1997)
Untitled c. 1960 ink and watercolor on paper initialed CF (lower left) 7 x 5 inches.
Provenance: Sold: LA Modern Auctions, October 14, 2007, Lot 140 Private Collection, Denver
$3,000 - 5,000
Untitled, 1962
gouache on paper
initialed JB and dated (lower right); initialed and dated (verso) 35 1/4 x 23 inches.
$15,000 - 25,000
13
Minoru Niizuma (JAPANESE, 1930-1998) Castle of the Eye, 1974 bronze incised Ni in Japanese and numbered 10/10 15 1/8 x 4 5/8 x 4 5/8 inches.
Provenance: Gimpel & Weitzenhoffer Gallery, New York Private Collection, New York
$3,000 - 5,000
Property from a Private Collection, Atlanta, Georgia
Provenance: Connecticut Fine Arts, Westport, Connecticut, 1978
$3,000 - 5,000
15 Peter Ford Young (AMERICAN, B. 1940)
#2, 1971
acrylic on canvas
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Provenance:
The Helman Gallery, St. Louis
Greenberg VanDoren Gallery, St. Louis
Sold: Ivey-Selkirk, November 7, 2003, Lot 583
$5,000 - 7,000
Untitled, 1976 watercolor on paper
inscribed and dated (verso)
40 x 25 1/2 inches.
$3,000 - 5,000
Provenance:
20
Robert Therrien, Michel Butor and Robert Creeley (AMERICAN, 20TH CENTURY)
7 & 6, 1988
Property
Provenance: Greenberg Van Doren Gallery, St. Louis
$2,000 - 4,000
19
Larry
$6,000 - 8,000
Provenance:
23
McArthur Binion (AMERICAN, B. 1946) healing:work, 2020 graphite and ink on paper initialed MAB and dated (lower right) 30 1/4 x 22 1/4 inches.
Provenance: The Artist
Lehmann Maupin Gallery, New York
Exhibited: New York, Lehmann Maupin Gallery, healing:work, June 24 - July 17, 2020
$30,000 - 50,000
Property from a Private Collection, Chicago, Illinois
Provenance: The Artist
Acquired directly from the above by the present owner
$150,000 - 200,000
Kerry James Marshall (American, b. 1955) is known for pushing the boundaries of the art historical tradition in his innovations with medium and style, and through his depiction of marginalized bodies— scenes historically ignored in artistic cannon, especially those of his own black community. A work acquired directly from the artist, Curtained Window (2005) is a unique example of Marshall’s creative themes. Through his composition and the use of glitter, Marshall emphasizes experimentation with light and optics to reinforce the idea of invisibility faced by black communities, as also highlighted in fiction by Ralph Ellison’s 1952 classic Invisible Man—an important influence to Marshall— and in scholarship by art historians like Krista Thompson.
The small, devotional-sized scene opens into an outdoor urban landscape—a solitary tree in the center of the composition in front of softly defined pastel houses and apartments in the background illustrated with loose brushstrokes. Amid the blocks of color and organic borders characterizing the rest of the landscape. a brutalist apartment block cuts into the right, with ink applied over the wash emphasizing the starkness of its regular architectural forms. The entire scene, as through a window, is framed by flowing gold curtains of glitter. It is the performative use of this glitter that creates tension with extending landscape, ultimately drawing attention away from this exterior environment. This deemphasis extends to metaphors of the black community’s visibility as a whole in this depopulated stage.
Marshall has used gold glitter in his work throughout his career, such as in Souvenir I (1997, Museum of Contemporary Art, Chicago), where glitter is used both as gilded embellishment on elements within the interior scene—such as the central figure’s wings—as well as to provide framing. He also used glitter in the painting Gulf Stream (2003, Walker Art Center, Minneapolis), with a shimmering frame bordering the entire scene, utilizing a woven pattern not unlike that in Curtained Window
Curtained Window is interesting in its complete lack of people, with the greatest emphasis on the framing device of glittering curtain. The three-dimensional gilding provides an entry into the two-dimensional scene beyond, while also undermining that scene through its distracting opulence and artificiality. The glitter serves as a tool described by scholar Krista Thompson in her research in the use of light and optics in the art of African diasporic communities as part of a “visual economy of light.” Describing how objects in these urban communities gain value not necessarily for monetary or commercial reasons but rather if they enhance the user through aesthetics where “[t]hings that bling, shine, or shimmer, that emit light, are especially privileged.”1
Here, Marshall does this exactly, animating his scene through the applied prestige of his gilding, opening dramatically like theatrical stage curtains onto this otherwise quotidian landscape. The materiality of the glitter itself is of less importance, with more emphasis on the light it reflects—falling into Thompson’s analysis: “a product of everyday aspirational practices of black urban communities, who make do and more with what they have, creating prestige through the resources at hand. But these very processes can have a critical valence because they have the potential to disrupt notions of value by privileging not things but their visual effects”.2
Thus, the value of Marshall’s study is shifted away from the ‘typical’ expectation for an artwork with a view out a window—that which is occurring outside—and is instead shifted to the trappings of the framing of this scene itself. This theme is emphasized through the manner of depiction of the painted landscape view. The overall haziness of the work makes it unclear what season is being depicted, as the leaves on the tree are delineated only by gray swipes of the brush. Buildings in the background are defined by blotchy color fields, with only the contoured brutalist building hinting at a threat of a starker reality.
This tension between the dichotomy of glistening three-dimensional curtains and the dimmer landscape emphasizes an interesting byproduct of the applied visual economy of light—where the use of light to draw attention and define personhood becomes so blinding that it has the opposite intended effect, shifting the subject from hypervisibility to a “un-visibility.” Thompson, using Ralph Ellison’s novel Invisible Man to connect ideas of visibility to socio-political representation of black diasporic communities throughout the twentieth- and twenty-first- centuries, notes that this blinding use of light can have a performative aspect in which it is “tacitly producing the state of being unseen, or making the un-visible’s disappearance seen.” 3
Kerry James Marshall has likewise discussed this contrast between visibility and invisibility in Invisible Man that has so influenced his practice, noting that “The kind of simultaneity that Ralph Ellison was talking about is the simultaneous presence and absence, is being there and not being there at the same time. In order to get at this notion of invisibility, I started to develop a strategy for making that as a representation”.4 Marshall’s contemplation of these themes in the small study of Curtained Window is clear and illuminating. As a local view of the community is depopulated, defined with bright colors but only just, the viewer’s focus becomes wholly distracted with the glittering three-dimensional curtain meant to lead into the landscape. The curtains thus take on a measure of pride and prestige through their gilding, but in this glittery topcoat, also purposefully undermine anything else in the landscape that the viewer is meant to see.
1 Krista Thompson, “Introduction: Of Shine, Bling, and Bixels,” in The Visual Economy of Light in African Diasporic Aesthetic Practice (Durham, NC: Duke University Press, 2015), 24. II Ibid., 25. III Ibid., 40.
IV Kerry James Marshall, “Inside Out: A Lecture by Kerry James Marshall” in Kerry James Marshall: Inside/Out, ed. Carla Cugini (Cologne: Walther König, 2018), 19-20.
Bibliography: Marshall, Kerry James. “Inside Out: A Lecture by Kerry James Marshall.” In Kerry James Marshall: Inside/Out, 10-71. Edited by Carla Cugini. Cologne: Walther König, 2018. Thompson, Krista. “Introduction: Of Shine, Bling, and Bixels.” In The Visual Economy of Light in African Diasporic Aesthetic Practice, 1-46. Durham, NC: Duke University Press, 2015.
Equal parts social scientist, revered professor, institutional critic, and skilled artist, Howardena Pindell (b. 1943) has been able to engage her own past life experiences to examine the larger structures and institutions of the art world and her place therein, exploring and exposing themes of racism, feminism, and regeneration through abstraction.
It all comes back to a circle. In an interview from October 2020 in The New York Times, Howardena Pindell recalls being drawn to the form -- a recurring theme in her artistic practice -- which she had first “experienced as a scary thing.” At a root beer stand with her father as a child, she noticed red dots stuck to the bottom of their mugs; the dots were markers of which glassware was appropriate for use by nonwhites in Jim Crows’ America.
These circles, originally acting as a symbol othering her, would later make their way into Pindell’s work where she would reclaim the form as her own, enveloping her artistic practice. After a childhood in Pennsylvania with an aptitude for the arts, she received her BFA from Boston University, and then an MFA from Yale University, which introduced her to abstraction. Kensington Series #3 (1974) and Untitled #83 (1977) are both excellent early-career examples from Pindell, removed from her earliest figurative training and demonstrative of the beginning of the process that would inform her entire oeuvre. Canvases are first cut into strips and sewn back together, cartographically, before painting or drawing on the surface. Then, dots (or “chads”) are cut from the paper with a hole punch and dropped onto the glue-prepped canvas, while the remaining punctured paper serves as a conduit to squeeze paint through, layering the materials together, as we see in Untitled #83 Pindell plays with space on the canvas and the absence of space in the paper stencil, the ordinariness of a hole-punch, and the idea of what constitutes a painting. Sometimes, as seen in Kensington Series #3, the chads are scrawled with rune-like symbols, a reference to her fascination with the coding and rituals present in African sculpture. Other times, they are almost buried under color and texture.
Pindell moved to New York following her MFA program and began working in the Arts Education Department at the Museum of Modern Art, though her personal practice would remain of the utmost importance to her. She stayed at MOMA for the next 12 years, working through the ranks from exhibition assistant to curatorial assistant, to finally achieving the distinction of becoming the first black woman to be a curator at the institution. Outside of working hours, her inclusion in the 1972 Annual Exhibition: Contemporary American Painting, Whitney Museum of American Art only fueled her passion. Kensington Series #3 (1974) and Untitled #83 (1977), both created following her Whitney show, are testaments to her commitment to her art.
A more metaphorical but nonetheless circular obsession dominates Pindell’s practice, that of persistent cycles of destruction and recreation. She is dismantling and then recreating the canvas, perforating then repurposing the paper, a three-dimensional form of pointillism. Continuing her artistic preoccupation of connecting her artwork to her life experiences, Pindell herself has had to endure the physical and emotional process of regeneration: a horrific car accident in 1979 left her with injuries and short-term memory loss. Her work helped her recover as she began to incorporate biographical imagery into her style, resuscitating canvases and mapping her own memory.
Clearly no stranger to duality, Pindell, a lifelong academic and curator, has spent as much time critiquing institutions as she has inside them. Her studio practice was not her only focus – the underlying racism she experienced in the art world informed her related political action. Over 7 years at MOMA, Pindell collected information from art institutions and galleries in New York state about their representation of nonwhite artists and designers. Her findings – that 54 out of the 64 surveyed institutions represented 90% or greater white artists – were published in the March 1989 issue of ARTnews. Pindell also co-founded A.I.R., the first artistcentered gallery concentrating on providing women a non-commercial space to curate and show work. She also organized a show through A.I.R. titled The Dialectics of Isolation: An Exhibition of Third World Women Artists of the US, reflecting on her own experience with tokenism and racism even within the feminist movement.
Her activism continued in the years following her accident. Pindell wrote letters about racism and social issues to institutions, signing them “The Black Hornet,” and continued her demographic surveys of museum exhibitions and gallery rosters across the state. She then co-founded a cross-generational black women’s artist collective called Entitled: Black Women Artists, which has grown to international proportions, supported by her traveling and lecturing.
Among a litany of other accolades, Pindell received a Guggenheim Fellowship for painting in 1987, two National Endowment for the Arts Fellowships, and honorary doctorates from the Massachusetts College of Art and Design and Parsons School for Design. Pindell retains a teaching position at Stony Brook University and had her first solo exhibition in the United Kingdom in 2022. So far, she has not -- and will not -- slow down on her course of constant regeneration: of her own life and health, her artistic practices, and her hope for the restructuring of art world institutions.
27
Howardena Pindell (AMERICAN, B. 1943) Kensington Series #3, 1974 mixed media signed H. Pindell and dated (upper right); titled and dated (upper left) 8 1/2 x 22 1/2 inches.
$30,000 - 50,000
28
Caio Fonseca (AMERICAN, B. 1959) Untitled (P95.93), 1995 ink and gouache on paper signed CAIO (lower left); signed, titled and dated (verso) 12 x 16 inches.
Provenance: Charles Cowles Gallery, New York Sold: Christie’s, Febuary 28, 2007, Lot 218
$3,000 - 5,000
Bank Bond, 2013
carved marble incised Theaster Gates (lower left); signed and numbered 51/100 (verso) 6 x 8 x 1 inches.
Property from a Private Collection, Chicago, Illinois
Provenance: Stony Group, LLC, Chicago
Literature:
Ben Austen, Chicago’s Opportunity Artist, The New York Times, New York, December 22, 2013, pp. 26
Melissa Harris, First look inside Theaster Gates’ new Stony Island Arts Bank, The Chicago Tribune, Chicago, September 4, 2015
Andrew M. Goldstein, Theaster Gates on Using Art (and the Art World) to Remake Chicago’s South Side, Artspace, New York, September 24, 2015
Kristin Hohenadel, A Dilapidated Bank Turned Stunning Cultural Center Opens in Chicago’s South Side, Slate, New York, October 6, 2015 Haley Weiss, An Island on the South Side, Interview Magazine, New York, October 6, 2015
Jonathan Griffin, On some level, I’m just looking for good problems to solve, Apollo Magazine, London, March 6, 2017, another impression illus.
Mark Rappolt, Theaster Gates: Relative Values, ArtReview, London, March 24, 2017
Theaster Gates, The Hope Machine, Harper’s Bazaar, New York, May 4, 2022
Lot Note:
Bank Bond (2013) elegantly articulates the amalgamation of Theaster Gates’ (b. 1973) artistic and social practices, each intrinsically related to his career, community, and his native Chicago skyline. After purchasing the dilapidated Stony Island Bank from the city of Chicago for $1 on the guarantee that he would rebuild it, he funded the project with handmade currency -- “bank bonds” made from the old marble flooring. It was a risky bet, but not his first, as what would become the Stony Island Arts Bank was a project undertaken by Gates’ own Rebuild Foundation, with Gates at the helm as founder and artistic director. The Rebuild Foundation is a non-profit organization focused on redevelopment initiatives in under-resourced communities, managing projects that focus on converting vacant buildings into cultural institutions that preserve archival collections from the South Side. Originally built in 1923, the Stony Island Bank on 63rd and Stony Island Avenue was a busy, lively community savings and loan until systemic redlining slowly eroded much of the South Side, taking the bank down with it. The Stony Island Arts Bank now serves as the Rebuild Foundation’s headquarters, offering free arts and community programming. Gates’ remodel – for which he eventually raised $3.7 million – is a physical testimony to the power of art in the restoration and development of Chicago’s overlooked neighborhoods.
$4,000 - 6,000
30
Birds Eggs and Dominoes with Pyramid, 1963 oil on masonite signed Abercrombie and dated (lower right); inscribed To Hugh (lower left) 8 x 10 inches.
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance: The Artist
Hugh Cameron, Benton Harbor, Michigan, gift from the Artist Thence by descent to the present owner
Exhibited:
Chicago, Illinois, Hyde Park Art Center, Gertrude Abercrombie, A Retrospective Exhibition, January 28 - March 5, 1977, no. 81
Chicago, Illinois, State of Illinois Art Gallery, Gertrude Abercrombie, March 18 - May 17, 1991 (also traveled to Springfield, Illinois State Museum, July 28 - October 15, 1991), pp. 95 (as Untitled)
New York, New York, Karma, Gertrude Abercrombie, August 9 - September 23, 2018
Literature: Robert Storr, Susan Weininger, Robert Cozzolino, Dinah Livingston, Studs Terkel, Gertrude Abercrombie, New York, 2018, pp. 444, illus.
$50,000 - 70,000
Although Gertrude Abercrombie painted still lifes early in her career, her work in the 1930s and 1940s was dominated by portraits, landscapes, and interiors, with or without figures (almost exclusively self-portraits), replete with objects that had personal meaning. However, in the early 1950s, probably to generate necessary income after her divorce and remarriage in 1948, the artist began to do very small (1” x 1” or 1 ½”x 1 ½”) paintings that could be made into pins. These were primarily simple still life paintings, often of shells. At about this time, Abercrombie also began to create more complex and larger still life paintings, which she continued to produce until the end of her career. Unlike the earlier still lifes, which are complicated and painterly, these are characterized by minimal detail, almost undetectable brushstrokes, and clear, bright colors. They attest to the artist’s evolving style and skills but retain the mastery of composition and witty approach to her subjects.
Birds Eggs and Dominoes with Pyramid, 1963, incorporates common objects, eggs and dominoes, that are often seen in Abercrombie’s work and have a personal significance to the artist. The depiction of a pyramid is more unusual, as it appears only a handful of times (see A Terribly Strange Tree, 1949, Western Illinois University Art Gallery, Macomb) and here in an austere landscape under an eclipsed moon. The artist’s love of games inspired the presence of the dominoes. The eggs have a personal resonance as well, and her numerous images of eggs, shells, and chicks emerging from eggs provides a clue to their appeal. Like the shells that are ubiquitous in her work, the egg is a kind of enclosure, a home of sorts, a subject the artist was drawn to all her life.
Beginning with the empty, closed rooms that appear early in her career, and the tents she painted in the 1940s and 1950s, Abercrombie had an abiding interest in spaces that served as a metaphor for her own feelings of isolation and insecurity. The pyramid is another enclosure with no escape; like those in built in ancient Egypt there was ostensibly no way to get in or out. It conveys the idea of an inescapable place, moreover one reserved for the dead. The pyramid and the eclipsed moon also suggest the possibility of a kind of paranormal activity, something Abercrombie’s belief in all kinds of magic would support.
The present painting, careful and finished, is composed in Abercrombie’s typically precise manner. The simple green ground and dark background, the meticulous arrangement of the black and white dominoes, and the diagonal path created by the eggs leading to the pyramid in the distance combine to create a balanced whole. The contrasting sharp triangle of the pyramid and the circular moon echo the curves and angles of the eggs and dominoes. This seemingly simple still life blends the prosaic with the magical, the everyday with the exotic, and at the same time conveys the artist’s own fears and insecurities to create an expression both personal and universal.
Susan Weininger Professor Emerita Roosevelt University31
Gertrude Abercrombie (AMERICAN, 1909-1977)
Shell, 1954
oil on masonite signed Abercrombie and dated (lower left) 2 1/8 x 2 inches.
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance:
Hugh Cameron, Benton Harbor, Michigan
Thence by descent to the present owner
Exhibited:
Milwaukee, Wisconsin, September 1954
New York, New York, Karma, Gertrude Abercrombie, August 9September 23, 2018
Literature: Robert Storr, Susan Weininger, Robert Cozzolino, Dinah Livingston, Studs Terkel, Gertrude Abercrombie, New York, 2018, pp. 358, illus.
$10,000 - 15,000
1909-1977)
Tud Kempf, 1932
watercolor on paper signed Abercrombie and dated (lower right); with a sketch of a woman at half-length (verso) 12 1/2 x 10 inches.
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance: The Artist Hugh Cameron, acquired from the Artist, Benton Harbor, Michigan, 1977 Thence by descent to the present owner
$4,000 - 6,000
(AMERICAN, 1910-2007)
Untitled (Family), 1980 graphite on paper signed Allan R Crite and dated (lower left) 12 1/2 x 15 1/4 inches.
Property from a Private Collection, Atlanta, Georgia
Provenance: Acquired directly from the Artist by the present owner $2,000 - 4,000
34 William T. Wiley (AMERICAN, 1937-2021)
This Angel Swings (Beggars Joys Part II) Memorial Day, 1994 acrylic, charcoal, and graphite on canvas initialed W and dated (right center); signed, titled and dated (verso) 39 1/2 x 14 1/2 inches.
Provenance:
Rena Bransten Gallery, San Francisco Sold: Christie’s, January 10, 2007, Lot 122
$4,000 - 6,000
The
Provenance: Max Protetch Gallery, New York
Sold: Doyle Auctions, September 17, 2018, Lot 93
$8,000 - 12,000
Jerónimo Elespe (SPANISH, B. 1975)
El Electricista, 2013 oil on aluminum panel
initialed J.E. (verso)
15 3/4 x 9 4/5 inches.
Provenance:
The Artist
Eleven Rivington, New York
The Greenberg Gallery, St. Louis
Exhibited:
New York, New York, Eleven Rivington, Jeronimo
Elespe: New Paintings and Drawings May 5 - June 14, 2013
$5,000 - 7,000
Jerónimo Elespe (SPANISH, B. 1975)
Trabajo del Sur, 2012 oil on aluminum panel
initialed J.E. (verso)
15 3/4 x 9 4/5 inches.
Provenance: The Artist
Eleven Rivington, New York
The Greenberg Gallery, St. Louis
Exhibited:
New York, New York, Eleven Rivington, Jeronimo
Elespe: New Paintings and Drawings May 5 - June
14, 2013
$5,000 - 7,000
Texas Blue, 1974
metal flake in epoxy and enamel on velvet signed Peter Alexander, titled and dated (verso) 30 x 40 inches.
Property from the Collection of an American Company
Provenance:
James Corcoran Gallery, Santa Monica Carey Ellis Company, Houston
Exhibited:
Newport Beach, California, Orange County Museum of Art, Peter Alexander: In this Light, May 29 - September 12, 1999, p. 54, no. 13, illus.
Literature:
Rebecca Schoenkopf, Addled By the Sun, Delightedly, OC Weekly, Orange County, California, June 3, 1999
$10,000 - 15,000
Provenance:
Various Small Fires, Los Angeles
Exhibited:
Los Angeles, California, Various Small Fires,
Mixed Emotions: David Leggett and Ryan Richey, July 14 - August 25, 2018
$5,000 - 7,000
(AMERICAN, 1919-2006)
Nightshade #4, 1998 oil on canvas over wood signed John Wilde, titled and dated (verso) 19 x 13 inches.
Property from the Personal Collection of John and Shirley Wilde, Represented by the Tory Folliard Gallery
Provenance:
Spanierman Gallery, New York Tory Follirard Gallery, Milwaukee
Exhibited:
New York, New York, Spanierman Gallery, c. 2000s
West Bend, Wisconsin, Museum of Wisconsin Art, Wilde’s Wildes, A Very Private Collection, 2015 Milwaukee, Wisconsin, Tory Folliard Gallery, Love & Death, December 3 - 31, 2022
Literature:
Shane McAdams, Confronting ‘Love and Death’ at Tory Folliard Gallery, The Shepherd Express, Milwaukee, December 16, 2022
$15,000 - 25,000
43
Woman and Snakes, 1948 oil and tempera on Masonite initialed JW and dated (upper left) 12 x 7 inches.
Provenance: Sold: Leslie Hindman Auctioneers, October 23, 2018, Lot 79
$8,000 - 12,000
44
John Kacere (AMERICAN, 1920-1999)
Marcia
Provenance:
Sold: Art Against AIDS Venice: Charity Fundraiser,
Exhibited: Venice, Italy, Peggy Guggenheim Collection, 45th Venice Biennale, June 8 - 13, 1993
Literature:
John Cheim, Drawing the Line Against Aids, Rizzoli, Milan, 1993, illus.
$20,000 - 30,000
Very Well, 2001
acrylic house paint and paper collage on linen and canvas signed Wes Lang, titled and dated (verso) 24 x 24 inches.
We are grateful to the studio of the Artist for their assistance in cataloguing this lot.
Provenance:
Gift from the Artist, 2001
Exhibited: New York, New York, Mark Pasek Gallery, Bras, 2001
$15,000 - 25,000
47
Tom Otterness (AMERICAN, B. 1952)
Enlightened Workers, 1983 cast Hydrocal with natural finish numbered 41/50 10 1/2 x 11 inches.
Property from the Collection of Edith S. Peiser, Boca Raton, FL
Published by Brooke Alexander, Inc., New York
$1,000 - 2,000
48
Niki de Saint Phalle (FRENCH, 1930-2002)
Nan Dans Le Ciel, 1987 colored pencil and felt tip marker on paper signed Niki (lower right) and dated (upper right) 11 5/8 x 8 inches.
Provenance:
Sold: Morphy Auctions, June 18 - 19, 2019, Lot 2405
$4,000 - 6,000
49
50
Provenance:
Donald Petkus, Park Ridge, Illinois
Sold: Leslie Hindman Auctioneers, September 14, 2015, Lot 159 Aquired from the above sale by the present owner
Lot Note:
This bright, boldly geometric Plug Bug acted as the final drawing for Wirsum’s mural of the same title. The twodimensionality perfectly translates to its final mural format, with Wirsum’s use of whimsical segments of pure color—teals, acidic greens, and pastel violets popping from a scarlet background—to define the patterned forms. This electric use of color was appropriate for a modern logo or emblem of a lightning bug—perfect to decorate the ComEd substation building on Block 37. The mural, an attention-grabbing State Street landmark from 1992 to 2007, has since been entombed by the development of a skyscraper; however, rather than being disappointed by this obscuring of his work, Wirsum was delighted. He appreciated the idea of Plug Bug being unearthed by future generations, like archaeologists discovering a scarab-laden temple wall and wondering what they meant. This lot, the only remaining evidence of Plug Bug, for now, echoes the ruinlike symbols of a modern age that its mural will one day represent, a fitting legacy for a work by an artist whose influences included commercial sign painting and uncovered Mesoamerican artifacts.
$10,000 - 15,000
72” Neon Rolling Stones Tongue, 2021 aerosol, Kandy car paint, license plates, resin and neon signed RISKY lower right Diameter: 72 inches.
Provenance: The Artist Private Collection
Sold: Phillips New York, November 18, 2021, Lot 454 Aquired from the above sale by the present owner
Literature:
Natasha Gural, Capacious New Galleries Invite Fresh Perspective On Art History Ahead Of Phillips 20th Century & Contemporary Art Sale, Forbes, Jersey City, November 15, 2021
$20,000 - 30,000
(AMERICAN,
Wine with Everything, 1989 enamel on canvas signed M. Minter, titled and dated (verso) 72 x 48 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Provenance: The Greenberg Gallery, St. Louis
Literature: Johanna Burton, Marilyn Minter, Gregory R. Miller & Co., New York, pp. 70
$8,000 - 12,000
The “A’’s Touch hahaha..., 1967-69 mixed media on offset lithograph, glass and wood signed Mary Bauermeister, titled, dated and numbered 10/55 24 1/2 x 34 inches.
$3,000 - 5,000
54 Mary Bauermeister (GERMAN, 1934-2023)
Colour-Full, 1968-69 mixed media behind plexiglass signed Bauermeister, titled and dated (lower right); signed, titled and dated (verso) 19 1/2 x 19 1/2 x 4 1/2 inches.
Literature:
Otto G. Ocvirk, Art Fundamentals: Theory and Practice, 3rd Edition, W. C. Brown Co., Dubuque, Iowa, 1975, pp. 80, illus. plate 37
$10,000 - 15,000
Provenance:
Kaysha
57 Ross Bleckner (AMERICAN, B. 1949)
Study for ‘Sea and Mirror’, 1998/2010 oil on canvas signed Ross Bleckner, titled and dated (verso) 18 x 18 inches.
$10,000 - 15,000
58 Richard Tuttle (AMERICAN, B. 1941)
Circle of Various Colors, 1971 watercolor and graphite 18 1/2 x 23 1/2 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
$5,000 - 7,000
Phenomena
Literature:
Otto G. Ocvirk, Art Fundamentals: Theory and Practice, 3rd Edition, W. C. Brown Co., Dubuque, Iowa, 1975, pp. 96, illus. plate 56
$20,000 - 30,000
62
Paul Jenkins (AMERICAN, 1923-2012)
Phenomena
Harbinger, 1972
Provenance:
Gimpel & Weitzenhoffer Gallery, New York
George Kravis Collection, Tulsa, Oklahoma
Sigrid Freundorfer Fine Art, New York Private Collection, New York
$50,000 - 70,000
Provenance:
Art will remain the most astonishing activity of mankind born out of struggle between wisdom and madness, between dream and reality in our mind. Each scientific discovery opens doors behind which we are confronted with new closed doors. Art does not solve problems but makes us aware of their existence. It opens our eyes to see and our brain to imagine. To have imagination and to be aware of it means to benefit from possessing an inner richness and a spontaneous and endless floor of images. It means to see the world in its entirely, since the point of the images is to show all that which escapes conceptualization.”
Magdalena AbakanowiczMagdalena Abakanowicz (Polish, 1930-2017) – known as the godmother of installation art – has the extraordinary ability to create works that are experienced rather than observed, both existential and intimate in the same breath. We are proud to present to you in this sale two works that accurately frame this dichotomy: NANA (Red with Black) (1970-80) and Untitled (Face) (2005).
Born to an upper-class family with noble heritage in Falenty, Poland, on the outskirts of Warsaw, Marta Abakanowicz grew up idyllically, and then very quickly. German tanks arrived in 1939; her mother’s arm was shot off by a drunken soldier four years later, and the family began fleeing consecutive Soviet and Nazi invasions. She became a nurse’s aide at age 14 at a hospital in Warsaw, a child witnessing firsthand the horrors of war. As the frontlines approached, the family moved to anonymity on the Baltic coast. After completing high school, Marta changed her name to Magdalena and moved to Warsaw, doing manual labor and giving blood to support herself After enrolling in the Academy of Fine Arts in Warsaw at age 20, Abakanowicz would be discouraged from the “masculine” discipline of painting, which was ultimately for the best, as her bold vision and creative playing with medium would have been constricted and confined in the state-approved genre of Socialist Realism. It was this considerable corresponding lack of academic and masculine oversight which allowed her true creative freedom.
Following her education, Abakanowicz began to make work influenced by Constructivism, leading to her first solo show in Warsaw in the spring of 1960 that featured four weavings alongside her gouaches and watercolors. This show led to her inclusion in the first Biennale Internationale de le Tapisserie in Lausanne, Switzerland, in 1962, which would shape the rest of her artistic development, and marked the beginning of her Abakans
Abakanowicz’s eponymous Abakans are three-dimensional fiber works span as much as thirteen feet, woven using her own technique from found material, including sisal ropes from harbors, along with rope, hemp, flax, wool, and horsehair. Abakans are womb-like, both comforting and suffocating in their envelopment, and ominous when presenting in multiples. Abakanowicz was childless; the spaces she creates make the viewer’s role embryonic. The womanly art of textile work produced flat decorations to be looked at; Abakanowicz creates an inoccupancy a viewer can’t help but experience. The subject of Abakanowicz’s oeuvre was primarily the human body, which she dissected and reassembled with a calculated omniscience, as if she herself did not possess one.
“When examining man, I am in fact examining myself,” she said. “My forms are the skins I strip off myself one by one, marking the milestones along my road.” NANA (Red with Black) is a behemoth, a true Abakan, roughhewn and laboriously stitched, an excellent example of exactly the type of labor Abakanowicz wished onlookers to experience.
The influence of Abakanowicz’s childhood can be seen in the disfigured forms of the latter part of her career, never whole but sometimes clumped together, missing integral parts but standing on their own. Chicagoans will be quick to recognize Agora (2004-06), an installation of 106 headless and armless iron sculptures in Grant Park, the largest figurative sculpture of its time. Agora evokes a sense of crowdedness, yet even en masse, the forms are unique in texture, with surfaces resembling skin or bark.
Our second offering, Untitled (Face) (2005), comes from a private collection, gifted directly from the artist during her tenure in Chicago during the creation of Agora Untitled (Face) is an amalgamation of Abakanowicz’s study of the human form, disembodied and fragile, close-mouthed, and creased with concern. It is equal parts haunting and earnest, a fitting offering from the artist herself.
Abakanowicz was laid to rest in Warsaw in 2017. In addition to her contribution to the landscape of Chicago, Abakanowicz’s work has been collected internationally and her accolades are many, though perhaps her biggest achievement has been the indelible mark she left as an artist on the practice of installation and the experience given to the viewer in her work.
E.E.
Property from a Corporate
Provenance: Phyllis Kind Gallery, New York
$50,000 - 70,000
Provenance: Two Palms, New York
$30,000 - 50,000
67
David Novros (AMERICAN, B. 1941)
Untitled, 1969
colored pencil and graphite on treated paper 22 1/2 x 28 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Provenance:
Greenberg Van Doren Gallery, St. Louis
$3,000 - 5,000
68
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Exhibited:
Los Angeles, California, Los Angeles County Museum of Art, Post-Painterly Abstraction, April 23 - June 7, 1964; Minneapolis, Minnesota, Walker Art Center, July 13 - August 16, 1964; Toronto, Ontario, The Art Gallery of Ontario, November 20 - December 20, 1964, no. 2.
$6,000 - 8,000
69
Property from the Collections of Webster University, Sold to Benefit the Student Experience
$6,000 - 8,000
70
Dan Walsh (AMERICAN, B. 1960)
Gold V, 2011
incised and sanded metallic paper with marker and pencil signed Dan Walsh, titled and dated (verso) 27 1/2 x 27 1/2 inches.
Provenance:
Paula Cooper Gallery, New York Greenberg Van Doren Gallery, St. Louis The Greenberg Gallery, St. Louis
$6,000 - 8,000
71
Patricia Adams (AMERICAN, B. 1928)
What They Are to Each Other, 1978 oil, pastel, mica, and crayon signed Pat Adams and dated (verso) 40 x 90 inches.
Provenance:
Zabriskie Gallery, New York
$3,000 - 5,000
Provenance:
73
Suzan
8 3/4 x 11 1/2 inches.
$3,000 - 5,000
74
13 1/4 x 9 1/2 inches.
Provenance: Lawrence Markey Inc., San Antonio, Texas
$3,000 - 5,000
77 3/4 x 77 3/4 inches.
$8,000 - 12,000
76
77
75
77 3/4 x 77 3/4 inches.
$8,000 - 12,000
77 3/4 x 77 3/4 inches.
$8,000 - 12,000
78 Jules Olitski (AMERICAN, 1922-2007) Sandboy, 1973-74 acrylic on canvas signed Jules Olitski, titled and dated (verso) 78 x 52 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Provenance: Galleria Dell’Ariete, Milan, Italy James Corcoran Gallery, Los Angeles The Greenberg Gallery, St. Louis
$30,000 - 50,000
79 Michiel Ceulers (BELGIAN, B. 1986)
Etes-vous certain que ce n’est pas une nouvelle academisme?, 2013 (triptych) oil and spray paint on canvas signed Michiel Ceulers, titled and dated (verso) Largest: 40 x 26 inches.
Provenance: Nicodim Gallery, Los Angeles, California and Bucharest, Romania
$3,000 - 5,000
80
Mark Hagen
(AMERICAN, B. 1972)
To Be Titled (Gradient Paint #35), 2014 acrylic on burlap laid to panel in a titanium frame anodized with Diet Coke and Coke Zero signed Mark Hagen and dated (verso) 97 x 65 inches.
Provenance:
Marlborough Gallery, New York
Exhibited: New York, New York, Marlborough Gallery, Guest Star, May 10 - June 21, 2014
Literature: Julie Baumgardner, Meteorite Falls on Car, Car Becomes Artwork, The New York Times, New York, May 9, 2014, illus.
$5,000 - 7,000
81
Edda Renouf
(AMERICAN, B. 1943)
Two Columns of Incised Lines -1-, 1975 mixed media on paper signed Edda Renouf and dated (lower right) 22 x 22 inches.
$2,000 - 4,000
Untitled
$2,000
84 Stanley Boxer (AMERICAN, 1926-2000)
Aheatslim, 1992 oil on canvas signed S. Boxer, titled and dated (verso) 7 1/2 x 44 inches.
$3,000 - 5,000
83 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
85 György Kepes (HUNGARIAN, 1906-2001)
Dancing Galaxy, 1971 oil and sand on canvas signed G. Kepes, titled and dated (verso) 59 1/2 x 59 1/2 inches.
Provenance:
Alpha Gallery Inc., Boston
Literature:
Otto G. Ocvirk, Art Fundamentals: Theory and Practice, 3rd Edition, W. C. Brown Co., Dubuque, Iowa, 1975, cover illus.
$3,000 - 5,000
86
Milton Resnick (AMERICAN/FRENCH, 1917-2004)
Untitled (Abstraction), 1961 oil on paper mounted to board signed Resnick and dated (lower left) 25 1/4 x 19 1/2 inches.
The Estate of Bernice Weissbourd, Evanston, Illinois
Provenance: Richard Gray Gallery, Chicago
The Minneapolis Institute of Arts
Sold: Museum of Contemporary Art, Chicago, 6th Benefit Auction, 1983, Lot 56
$8,000 - 12,000
87 Jim Lutes (AMERICAN, B. 1955) So, 2008 tempera and oil on linen 42 x 32 inches.
Provenance: Richard Gray Gallery, Chicago
Sold: Paddle8, the Art Institute of Chicago Society for Contemporary Arts Benefit Auction, June, 2016, Lot 54
Acquired from the above sale by the present owner
$10,000 - 15,000
Provenance: Rhona
Provenance:
90
Nancy Graves (AMERICAN, 1940-1995) Pendule (Pendula Series), 1983 bronze with polychrome patina inscribed N. S. Graves, titled and dated 24 x 18 x 11 1/2 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
Provenance:
M. Knoedler & Co., Inc., New York
Dr. and Mrs. Michael Neuwirth, New York
M. Knoedler & Co., Inc., New York The Greenberg Gallery, St Louis
Exhibited: New York, New York, M. Knoedler & Co., Inc, 1984, no. 22
Poughkeepsie, New York, Vassar College
Art Gallery (traveling exhibition), 1986, pp. 22, illus.
Literature:
Buckvar, The New York Times, October 14, 1984, pp. WC23, illus.
Nancy Graves, E. A. Carmean, The Sculpture of Nancy Graves, A Catalogue Raisonné, The Fort Worth Art Museum, Hudson Hills Press, Inc., Fort Worth, Texas, 1986, pp. 118, no. 137, illus.
$4,000 - 6,000
Provenance:
André
$3,000
Provenace:
André
$30,000
94 Ray Parker (AMERICAN, 1922-1990) Untitled (wg#12491), 1960 oil on paper titled (verso) 6 1/2 x 5 3/4 inches.
Provenance: Washburn Gallery, New York
$2,000 - 4,000
95 Ray Parker (AMERICAN, 1922-1990) Untitled (wg#12490), 1960 oil on paper titled (verso) 4 x 6 1/4 inches.
Provenance: Washburn Gallery, New York
$2,000 - 4,000
Provenance:
incised Juan, titled and dated Height: 42 inches.
Property from the Collections of Webster University, Sold to Benefit the Student Experience
$15,000 - 25,000
102 Samuel Middleton (AMERICAN, 1927-2015)
Untitled, 1963 mixed media on board signed Middleton and dated (lower left) 21 x 10 1/4 inches.
$4,000 - 6,000
105
Untitled wood
Height: 631/2 inches.
$8,000 - 12,000
Vincent Mazeau (AMERICAN, 20TH/21ST CENTURY)
January Sun, 2005
urethane, Styrofoam, brass, cement, crystal and silk 36 x 22 inches and 36 x 22 inches.
Provenance:
Lehmann Maupin Gallery, New York
Exhibited:
Long Island City, New York, SculptureCenter, Make it Now: New Sculpture in New York, May 15 - July 31, 2005
Omi, New York, The Fields Sculpture Park at Omi International Arts Out of Context, July 2006
New York, New York, Salvatore Ferragamo, Water and WATER: Armory Event, February 2007
Literature:
Roberta Smith, The Many Shades of Now, Explored in 3
Dimensions, The New York Times, New York, May 27, 2005
John Haber, Inside Out and Outside In, Haber Arts, New York, 2005
Tony Craig, The shape of things to come, Financial Times, London, July 30, 2006
The MAMe Magazine, When Shopping Meets Art, Milan, January 3, 2007, illus.
This Week in New York, Water, New York, February 14, 2007, illus.
Amy Modesti, Around Town With Amy Modesti: Art Omi, Radioradiox, Cropseyville, New York, June 16, 2020
$5,000 - 7,000
To Bartok, 1996
bronze
132 x 72 x 54 inches.
Property from a Private Pennsylvania Estate, Sold to Benefit the National Museum of Women in the Arts, Washington D.C. This work is recorded in the Arman Studio Archives New York under number: APA# 96.8900.002.
Provenance: R. Kaller-Kimche, Inc., New York Private collection, acquired in 1998
Thence by descent to the present owner
$80,000 - 120,000
110
Robert Rauschenberg (AMERICAN, 1925-2008)
Tibetan Garden Song/ROCI TIBET cello, chrome-plated wash tub, glycerin, Chinese scrollmaker’s brush, mirrored plexiglas signed Rauschenberg, dated, and inscribed
Height: 43 inches.
Published by Graphicstudio
$15,000 - 25,000
(FRENCH/AMERICAN, 1928-2005) Pizzicato (Omaggio a Bocioni), 1977 bronze with gold patina mounted on stone base Arman and numbered 148/150 23 1/2 x 9 3/8 x 5 7/8 inches.
Property from the Collection of Dr. and Mrs. Constantine Mamouris, New York, New York
$4,000 - 6,000
Property from the Collections of Webster University, Sold to Benefit the Student Experience
$4,000 - 6,000
Untitled (Cubist Nude), 2002
bronze
incised Pollès, dated, and numbered 1/4
Height: 16 inches.
Provenance: Kashya Hildebrand Gallery, New York
Exhibited: New York, New York, Kashya Hildebrand Gallery, Pollès, October 23 - November 29, 2003
$3,000 - 5,000
116
Emilio Cruz (AMERICAN, 1938-2004)
The Signature of Fossils, 1977 oil on canvas
signed Emilio Cruz, titled and dated (verso) 60 x 60 inches.
$10,000 - 15,000
Provenance:
Bernice Steinbaum Gallery, Miami
$3,000 - 5,000
Provenance:
$8,000 - 12,000
$3,000
$3,000
Untitled
Property from a Private Collection
$3,000 - 5,000
122
Joseph Yoakum (AMERICAN, 1886-1972)
yellow stone national mountain Wyoming, c. 1968 felt tip marker on paper titled (lower left) 7 x 10 1/4 inches.
Property from the Collection of Jena Sher, Brookfield, Wisconsin
Provenance:
Sold: Slotin Folk Art Auction, May 1, 2005, Lot 167 Karol Howard and George Morton, Plano, Texas Kevin Koch, Brookfield, Wisconsin
$10,000 - 15,000
Provenance:
Sold: Christie’s, September 23, 2009, Lot 147
$5,000 - 7,000
Four Trees and Three Owls, 1950, depicts a bleak, moonlit landscape with four trees, owls in or on three of them. Gertrude Abercrombie frequently painted leafless trees and owls, as well as the moon, all of which had personal meaning. Her use of the same elements but in unique configurations contributed to the differing significance of each artwork. There are a number of compositions in which owls are situated in or on leafless trees, often with Abercrombie overseeing the scene as a director or teacher. These include, among others, Owl Trainer (School for Owls), 1945 (Private Collection), and Owl Trainer #2, 1947 (Private Collection). In the former, two small pink owls sit on the branches of the tree while a third peeks out from an opening in the trunk. Owls sometimes peer out of other enclosures, such as cracks in shells, as in Shell and Owl, 1970 (Private Collection).
Like many of the artist’s artworks from the late 1940s and into the 1950s, this example is meticulously executed. During this time, Abercrombie’s good friend, the artist John Wilde, encouraged her to paint more carefully and with more detail. Many of her paintings from this period bear out her diligence of this advice, including Four Trees and Three Owls, which is beautifully rendered and precisely composed to produce a unified whole. Abercrombie was also enormously productive during the early 1950s. She was recently divorced and remarried to a husband who was not an ideal provider, and she was concerned with generating income for her family. As part of this effort and because of her increasing popularity, the artist was the subject of five solo exhibitions and participated in twelve group shows between 1950 and 1952.
In Four Trees and Three Owls, the figure of Abercrombie is not present, but her moon (according to her, the moon, long associated with women, was hers) and the owl, linked to wisdom as well as darkness, stand in her absence. The juxtaposition of dark, represented by the three trees to the left, and light, symbolized by the pure white tree on the right, set under the bright moon, make this point. As in other works by the artist, the ambiguity or tension between these contrasting ideas exists in a seamless whole. Likewise, the captivating owls that can be glimpsed in the trees express not only mystery and enchantment, but Abercrombie’s characteristic wittiness. This charming, magical, and exquisitely rendered image represents the pure wisdom as well as the powerful magic that the artist attributed to herself and is full of both humor and gravity.
The present artwork was originally owned by Ruth Horwich, a Hyde Park resident. She was one of the founders of Chicago’s Museum of Contemporary Art, served on the 20th Century Painting and Sculpture Committee at the Art Institute of Chicago, and was chaired on the Hyde Park Art Center’s board for forty years. She and her husband Leonard had a large and significant collection of contemporary art, including many examples by Chicago artists. The inclusion of Abercrombie’s painting in a premier art collection of the time speaks to its importance, as well as to the artist herself.
Susan Weininger Professor Emerita Roosevelt UniversityFour Trees and Three Owls, 1950
Property from a Private Collection, Winnetka, Illinois
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance:
Mrs. Ruth Horwich, Chicago, until 2014
Exhibited:
Chicago, Illinois, University of Chicago, Renaissance Society, Hyde Park
Collects: Hyde Park-Kenwood Centennial Exhibition, May 28 - June 15, 1962
(as Owls in Trees)
Chicago, Illinois, Hyde Park Art Center, Gertrude Abercrombie, A Retrospective Exhibition, January 28 - March 5, 1977, no. 59
(as Four Trees and erroneously catalogued as unsigned and undated)
$50,000 - 70,000
125
Gertrude Abercrombie (AMERICAN, 1909-1977)
Owl
Dominoes, 1957
Property from a Private Collection, Winnetka, Illinois
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance: The Artist Private Collection, sold by the Artist at the Art Institute of Chicago Rental and Sales Gallery, 1957 Richard Norton Gallery, Chicago Purchased from the above
$20,000 - 30,000
Executed in 1957, Owl and Dominoes was done during one of the artist’s most productive periods. It is typical of numerous still life paintings she painted during the mid-1950s that consist of inanimate objects, with the occasional owls or chicks, arranged in austere landscapes or otherwise ascetic and generic backgrounds. From about 1952-58, she created numerous compositions with elements that include shells, grapes, gloves, jacks, dice, ribbon, carnations, leaves, marbles, balls, and acorns, as well as the owl, dominoes, and egg in the present painting. Many of these objects, such as the owl, gloves, bunches of grapes, jacks, and carnations appear throughout her career. Abercrombie began her artistic life drawing gloves for the Sears catalog and as a result, gloves became a special emblem. Likewise, the carnation was her “personal flower,” as were the bunches of grapes that are sometimes seen adorning hats she wears. Although each of these objects had private meaning, the artist always beautifully arranged these symbols into unique and meaningful configurations.
Abercrombie was also fond of games, which accounts for the appearance of playing cards, balls and jacks, dice, and dominoes in her work. In Owl and Dominoes, the three dots on the dominoes may refer to the three other elements in the painting, that of the moon, egg, and owl. Additionally, eggs had a personal resonance and the artist’s frequent images of eggshells and chicks emerging from eggs provide a clue to their appeal. Like the seashells that became ubiquitous in her work at this time, eggs are a kind of enclosure, a home of sorts. Abercrombie had an abiding interest in spaces that served as a metaphor for her own feelings of isolation and insecurity. The artist found in the shell a subject that not only echoed the idea of enclosure but also allowed her to use tongue-in-cheek 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 owl likewise appears in too many paintings to name, and always as an embodiment of both wisdom and menace. Although Owl and Dominoes is a seemingly simple still life, it incorporates both the lightheartedness of play, the enclosed space of an inescapable room, and the power accorded to an animal that is the familiar of a witch.
Owl and Dominoes, like many of the paintings done during this period of Abercrombie’s career, are products of a time when she was trying to paint more carefully and precisely, encouraged by her good friend, the artist John Wilde. The wonderfully rendered egg and dominoes show her prowess in creating three dimensional objects and attest to the skills she worked hard to acquire in her traditional art classes at University of Illinois. Abercrombie’s ability to compose a simply and perfectly organized composition, free of anything extraneous, can also be seen. The owl looks intently out at the viewer, its eyes defined by a circular ring of tiny feathers that form crescents and reflect the shape of the moon, while its vivid green eyes echo the green ground. The angles of the dominoes contrast with the curves of the egg, moon, and owl, and act as both link and anchor. With the use of minimal means, Abercrombie’s painting contains worlds.
Susan Weininger Professor Emerita Roosevelt UniversityLincoln and Christine (Abe and Christine), 1955, depicts the corner of a room with one of Gertrude Abercrombie’s cats, Christine, looking at a ball under a large framed bust length portrait of Abraham Lincoln. The simple room, cat, and ball are staples of the artist’s work, but there are few images that include men. Portraits of male friends, some done on commission early in her career; several paintings in which her first and second husbands appear; and one or two of John Carradine, a favorite actor, are among them. Abraham Lincoln, however, appears in a number of her compositions.
Abercrombie included Lincoln by name in several works, including Abe Lincoln, 1942 (location unknown), a conventional half-length portrait with his top hat resting upside down on a table next to him; a smaller painting called Lincoln and Tower (Abe and Tower), 1954 (location unknown), that was exhibited widely in the 1950s; and Pink Visit (Lincoln Paying a Call), 1945 (Private Collection). There are also additional paintings in which Lincoln is not named in the title, but the familiar tall, black clad, top hatted figure is identifiable as the beloved president. Paintings such as Pink Visit, Mysterious Stranger, 1953 (Private Collection), and The Visit (The Night Visit), 1944 (location unknown), depict Lincoln in a landscape, either approaching or retreating from a simple, blocky structure. The top hatted figure appears in yet one more guise, that of a magician, in Levitation, 1967 (Private Collection), where he stands, arms at his sides behind a marble top table above which a woman (Abercrombie) levitates.
Abraham Lincoln held a special place in Abercrombie’s heart. As a dedicated Midwesterner who spent her childhood in the small western Illinois town of Aledo, where her father’s family lived, and her adult years in Chicago, Lincoln represented values important to the artist. Not only was he a quintessential Midwesterner, beloved by many in the state, but Abercrombie, whose social circle included many Black people, may have found his role in ending slavery even more meaningful. The number of times he appears in her paintings attests to the symbolic importance she attributed to him.
Likewise, Abercrombie had a powerful identification with her cats. When she was pregnant with her daughter, Dinah, she said she could imagine giving birth to a cat but not a human. She also once stated that “It is always myself that I paint,” referring not only to her human self, but to her cat surrogates as well. In this painting, Christine has the same green-blue, upturned eyes seen so often in Abercrombie’s conventional self-portraits, which underscores the identification. The austere room, reflective of the artist’s own sense of self-doubt and entrapment, is tempered by Abe’s benevolent presence, which pervades the room and whose protection extends to the artist herself.
Lincoln and Christine (Abe and Christine) is composed in a simple yet exacting manner that allows the monochromatic portrait to echo the gray cat, the molding of the frame to resonate with the baseboard molding in the room, and the soft pink grey of the wall to unify the whole. It is an example of Abercrombie’s ability to exquisitely connect the style and subject of her work to convey her meaning in a profound way.
Susan Weininger Professor Emerita Roosevelt University126 Gertrude Abercrombie (AMERICAN, 1909-1977)
Lincoln and Christine (Abe and Christine), 1955 oil on masonite signed Abercrombie and dated (lower left) 9 3/4 x 8 inches.
Property from a Private Collection, Winnetka, Illinois
We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.
Provenance: The Artist (possibly) Dinah Livingston, the Artist’s daughter Robert Henry Adams Fine Art, Chicago Purchased from the above
Exhibited:
Chicago, Illinois, Art Institute Rental and Sales Gallery, 1955
Chicago, Illinois, Old Town Art Gallery, 1957
Lake Forest, Illinois, Lake Forest Art Fair, dates unknown
Milwaukee, Wisconsin, Milwaukee Art Fair, dates unknown
$40,000 - 60,000
127
Winfred
(AMERICAN, 1945-2021)
Juke Joint, 2000
dye on carved and tooled leather incised Winfred Rembert and dated (lower right); signed, dated and inscribed (verso) 13 1/4 x 17 3/4 inches.
Property from a Private Collection, Atlanta, Georgia
Provenance:
Gifted by the Artist to the present owner in 2000
$50,000 - 70,000
“Leather takes a beating, and whatever you can do with it, it will hold its shape. You can carve it up and it will hold your picture.”
Winfred Rembert, Chasing Me to My Grave: An Artist’s Memoir of the Jim Crow South
Winfred Rembert (American, 1945-2021) learned to swing dance by watching couples through a window at a juke joint, an iterant teen on Hamilton Avenue in Cuthbert, Georgia. The experience stuck with him and he would go on to form his own dance troupe, frequently appearing on Rockin’ with the Deuce, an evening program airing on local TV. Juke Joint (2000), is a lively depiction of his dancing days – the natural creasing of the leather gives motion to the figures in the scene, with Rembert only portraying people he knew, giving them their exact gestures and likenesses. Like a single frame from a television show, this scene appears lively and light of spirit, a happy moment among many. Denying Rembert these affections would be doing him a disservice, but so would ignoring the dark structures of his upbringing and eventual adulthood that he was forced to overcome to make such joyful work. As he would be the first to say, it was a wonder he survived.
Rembert was born in Cuthbert, Georgia, and was immediately given away to his great aunt, another scene he would later carve in leather. His mother had fallen pregnant while her husband was in the military overseas, and she was wary, to put it mildly, of his eventual homecoming. His great aunt, whom he called Mama, was a sharecropper, and Rembert’s first memories were of the cotton fields, picking up his own sack to fill at 5 years old. School was out of the question, as the demands of his job quickly caused the child to fall behind, delaying his ability to read or write until his teens. Rembert ran away at 13 from the plantation he was raised on, walking for miles back to his mother, only to find her cold and unloving for the rest of his life. His mother did give him something, at least: she still lived in Cuthbert, a place to which he would continually return, and Cuthbert had Hamilton Avenue, the center of local nightlife that would become a galvanizing force for Rembert’s artistic and personal development.
“Hamilton Avenue was just fantastic. It has a hold on me, even now. Being introduced to Hamilton Avenue was the best thing that’s ever happened in my life. […] Hamilton Avenue came into my life and made me a different person. I was able to put the cotton field behind me and never go back. I found something that was so different and so good. A lot of good things have happened to me, but it seemed like Hamilton Avenue was the best. Nothing can match it. Nothing. I walked from one world into another when I came out of the cotton field and discovered all those smiling faces, all those people doing well and not picking no cotton.”
After finding work in a pool hall on Hamilton Avenue, 19-year-old Rembert threw himself into engaging with his newfound community, and with his burgeoning social consciousness came an interest in the Civil Rights movement. Rembert was arrested after attending a protest in Americus, Georgia. After spending a stagnant year in jail without any charges ever being filed against him, he attempted a wily escape, which failed, putting him at the mercy of police officers who locked him in their trunk. A horrifying lynching attempt followed: Rembert was stripped and strung up, tied to a tree by his ankles, and stabbed until one of the several onlookers finally became uneasy and ended the proceedings. Finally at court for the first time, Rembert was sentenced to prison, where he would rotate through facilities and chain gangs.
While working on the chain gang, Rembert first saw Patsy Gammage, the future love of his life. They married in 1974 and moved north to New England, where he found work as a longshoreman on the coast. Rembert had first learned to carve and dye leather in prison, carefully tooling it into the scenes from his past, and began to rediscover his art. At age 51, and with Patsy’s encouragement, the memories were repurposed – now carved, painted, and decorated.
His tooled leather depictions of his life are often brutal and sometimes gleeful – an uncomfortable duality. Juke Joint is one of the happier moments, even signed with the date and occasion the meeting took place, like a diary entry – a careful cataloguing of time from someone who had so little control of his own.
Remarkably, Rembert was never cynical. His tooled leather pictures began to take ahold of the art world in a way he could have never imagined, with his first solo show at York Square Cinema in New Haven in 1998. Others followed – Yale University, then Harlem, then nationwide. He was finally invited back to Cuthbert in 2011 by Andrew College, where the Mayor declared September 18th to be Winfred Rembert Day.
“My homecoming in Cuthbert was different than anything else. The people I knew in that little country town, those people that made my life complete – they still made a difference when I went back there. Being celebrated like they celebrated me, that outplayed everything else that was happening. I left Cuthbert all locked up in chains with a twenty-seven-year sentence. I left there as a jailbird, a nothing, somebody would never be anything in his whole life. I wanted to rectify that. I wanted to go back and show people that I didn’t commit a crime worthy of the time I had served. I wanted to show the people I went to school with, danced with, and played basketball with who I am and what I do. I wanted to tell them that I’m somebody, not a nobody. I didn’t know whether people in Cuthbert knew why I went to jail, or whether they cared, until I showed up on that day, forty-six years later. I found out they weren’t looking down on me. They were looking up.”
Winfred Rembert died on March 31, 2021; a nationally renowned artist surrounded by his family. Hundreds appeared at his funeral to celebrate his legacy, which lives on in his works.
Bronze Diner, 1979
bronze incised Bader, dated and numbered 3/9 5 x 5 x 26 inches.
Provenance:
The Artist Private Collection, purchased directly from the Artist Private Collection, Pennsylvania
$6,000 - 8,000
Provenance:
130
Hsiang-Ning Han (CHINESE/AMERICAN, B. 1939)
Mecca, 1972
acrylic on canvas
signed H.N. Han and dated (verso) 66 x 96 inches.
Provenance:
OK Harris Works of Art, New York
$15,000 - 25,000
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.
(AMERICAN, B. 1940)
Untitled, 1972 SOLD FOR $50,000 SOLD PRICES ARE INCLUSIVE OF BUYER’S PREMIUM
SALE 1124
CHINESE & HIMALAYAN WORKS OF ART
MARCH 28 | CHICAGO | LIVE + ONLINE
SALE 1160
JAPANESE & KOREAN WORKS OF ART
MARCH 29 | CHICAGO | LIVE + ONLINE
SALE 1130
AMERICAN FURNITURE, FOLK & DECORATIVE ARTS
MARCH 30 | CINCINNATI | LIVE + ONLINE
SALE 1098
WATCHES
APRIL 12 | CHICAGO | LIVE + ONLINE
SALE 1147
POST WAR & CONTEMPORARY ART
APRIL 19 | CHICAGO | LIVE + ONLINE
SALE 1174
PRINTS & MULTIPLES
APRIL 20 | CHICAGO | LIVE + ONLINE
SALE 1133
NATIVE AMERICAN ART, SESSION I
APRIL 21 | CINCINNATI | LIVE + ONLINE
SALE 1183
PHOTOGRAPHS
MAY 2 | CHICAGO | LIVE + ONLINE
SALE 1137
WESTERN & CONTEMPORARY
NATIVE AMERICAN ART
MAY 4 | DENVER | LIVE + ONLINE
SALE 1182
WESTERN & CONTEMPORARY
NATIVE AMERICAN ART ONLINE
MAY 5 | DENVER | TIMED ONLINE
SALE 1184
FINE PRINTED BOOKS & MANUSCRIPTS, INCLUDING AMERICANA
MAY 11 | CHICAGO | LIVE + ONLINE
SALE 1187
IMPORTANT JEWELRY
MAY 16 | CHICAGO | LIVE + ONLINE
SALE 1175
EUROPEAN ART
MAY 18 | CHICAGO | LIVE + ONLINE
SALE 1177
AMERICAN ART
MAY 19 | CHICAGO | LIVE + ONLINE
SALE 1189
EARLY 20TH CENTURY DESIGN
MAY 23 | CINCINNATI | LIVE + ONLINE
SALE 1190
MODERN DESIGN
MAY 24 | CHICAGO | LIVE + ONLINE
SALE 1188
ANTIQUITIES & ANCIENT ART
MAY 25 | CHICAGO | LIVE + ONLINE
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AUCTION OPERATIONS, CLIENT SERVICES
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JEWELRY & WATCHES
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COUTURE & LUXURY ACCESSORIES
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SPORTS MEMORABILIA
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MARKETING
Ashley Galloway Vice President
PHOTOGRAPHY
Zoë Bare Director
David Jackson Supervisor
Gabby Boshara
Carmen Colome
Chad Feierstone*
Jared Hefel*
Lim Hwoang
Deogracias Lerma
Roberto Martinez*
Libby Moore
Mike Reinders*
Bill Ross
Rachel Smith
Dallas Tolentino*
Harley Wince
DESIGN
Aimee Guzman
Creative Director
Brian Maslouski* Senior Designer
Jennifer Castle Graphic Designer
*Lead Photography and Design for Sale 1147
Updated 3.24.23
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.
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.
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.
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 generally opens at half the low estimate and advances in the following order, although the auctioneer may vary the bidding increments during the course of the auction.
The standard bidding increments are:
In-House Bidding
Our auctions are free and open to the public with no obligation for attendees to bid. Registration requires your full contact information, photo identification, credit card information, your signature and agreement to the Conditions of Sale.. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.
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.
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.
Updated 1.1.23
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.
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.
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.
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.
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.
New bidders must register at least twenty-four (24) hours before an auction and must provide us with documentation of their identity.
(a)Individuals must provide photo identification (driver’s license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement). (b) Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company’s
name and registered address, together with documentary proof of directors and beneficial owners. (c) Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. New bidders may be required to provide us with a financial reference and/or a deposit before we allow them to bid.
3.RETURNING BIDDERS
If you have not bought anything from us recently, then we may require you to register as a new bidder, as described in the paragraph above. Please contact us at least twenty-four (24) hours prior to the auction.
4.BIDDING FOR ANOTHER PERSON
If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.
5.BIDDING IN THE SALEROOM
If you wish to bid in the saleroom, you must first acquire a bidding paddle at least thirty (30) minutes before the auction.
6.OUR BIDDING SERVICES
We offer the following bidding services as a convenience to our clients, subject to these Conditions of Sale. We shall not be responsible for any error, omission, or failure, human or otherwise, in providing these services.
(a)Phone Bids: You must contact us at least twenty-four (24) hours prior to the auction to arrange a phone bid. We will accept bids by telephone for lots only if our staff is available to take the bids. We agree that we may record telephone bids.
(b) Internet Bids: You can bid in our live sales via our bidding platform or through third-party bidding sites.
(c)Written Bids: You can find a Written Bid Form at the auction location, or online at www.hindmanauctions.com. We must receive your completed Written Bid Form at least twenty-four (24) hours before the auction. We will endeavor to execute written bids at the lowest possible price consistent with the reserve. If you make a written bid on a lot that does not have a reserve and there is no higher bid than yours, we will bid on your behalf at approximately fifty percent (50%) of the low estimate or, if lower, the amount of your bid. The first written bid we receive of those for identical amounts will be given priority over other bids.
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.
1.BIDDING
(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.
1. THE BUYER’S
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-six percent (26%) of the hammer price up to and including $1,000,000; twenty percent (20%) of any amount in excess of $1,000,001 up to and including $5,000,000; and fifteen percent (15%) of any amount in excess of $5,000,001. 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
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.
(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.
(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.
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
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.
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.
(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.
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.
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.
Updated 1.1.23