Flowering, 1929 | Agnes Pelton — John Moran Auctioneers

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August 13, 2024

Flowering by Agnes Pelton
"…the

miracles of growth day and night, the fountains of young green corn and the morning dew on the wild blueberries were a deep inspiration."

~Agnes Pelton

Agnes Pelton (1881-1961)

Flowering, 1929

Oil on canvas, 24 x 19 inches

Signed and dated lower right: Agnes Pelton; signed again, titled, and inscribed: “Water Mill Long Island N.Y. $200” (twice each), all in pencil on the upper and side stretcher bars; also with the stenciled number 452 on the upper stretcher bar

Housed in the artist’s original silver-grey painted frame

$300,000-500,000

Provenance:

The Artist

Matille Prigge “Billie” Seaman (1883-1966), neighbor and friend of Agnes Pelton

Josephine Morse True (1888-1975), neighbor and friend of Agnes Pelton, and author of the 1965 memoir, “Painted Rocks”

Estate of Anne-Marie Boyce, San Diego, CA, acquired from the above circa 1970s

Exhibited:

New York, NY, Montross Gallery, “Abstractions by Agnes Pelton,” November 11- 23, 1929, no. 12, Flowering. This solo exhibition included The Fountains, Caves of Mind, Star Gazer, Incarnation, Messenger, Lookouts, Ecstasy, Inward, Sleep, Being, Faith, Flowering, and Meadowlark’s Song – Winter.

Plainfield, NJ, Plainfield Public Library, “Exhibition of Paintings by Agnes Pelton,” March 16-30, 1931. This large solo exhibition consisted of thirty works: Peace, Being, The Fountains, Flowering, White Fire, Prayer, A Lotus For Lida, Sleep, Rose and Palm, Translation, Inward, Thought, Voyaging, Lookouts, In Winter, Radiance, Fire Sounds, Renunciation, Faith, Equilibrium, Ecstasy, Incarnation, Wells of Jade, Meadowlark’s Song – Winter, Star Icon No. 2, Hibiscus (Beirut, Syria), Windmill Path, 4 Hawaiian Flowers (decorative panels, samples for custom orders), Phantasy of Frost and Fire, Star Icon No.1.

Ogunquit, ME, Ogunquit Art Center, “9th Annual Exhibition of Painting & Etchings,” June 15July 30, 1931. This exhibition included Pelton’s Being and Flowering, according to Margaret Stainer, “Agnes Pelton” (Fremont: Ohlone College Art Gallery, 1989) page 33.

Andover, MA, Addison Gallery of American Art, Phillips Academy, “Third Loan Exhibition,” curated by Charles H. Sawyer, 1931 (specific months not known). This exhibition included Pelton’s Being and Flowering, according to Margaret Stainer, “Agnes Pelton” (Fremont: Ohlone College Art Gallery, 1989) page 33.

Brooklyn, NY, Brooklyn Society of Modern Artists, Painters & Sculptors Gallery, “Annual Exhibit,” March 1-13, 1932. This exhibition included Pelton’s Flowering and Ecstasy, according to Margaret Stainer, “Agnes Pelton” (Fremont: Ohlone College Art Gallery, 1989) page 33.

Literature:

Margaret Stainer, “Agnes Pelton,” (Fremont: Ohlone College Art Gallery, 1989) published to coincide with their exhibition October 9 - November 5, 1989. Clarifying note: In this publication curator Margaret Stainer provides chronological listings of select Pelton “Imaginative Paintings” dating from 1911 through 1917 and “Symbolic Abstractions” dating from 1923/24 through 1961. These are not checklists of works shown at Ohlone College in Stainer’s exhibition; they are incomplete “lifetime output” listings of Pelton paintings in these respective categories known to exist through archival sources and “best information” at the time of compilation and publication in 1989. Since that time, additional information has surfaced which expands and revises these lists. Stainer’s list of then-known Pelton abstractions for the year 1929 consisted of: Caves of Mind (De Anza College, Permanent Collection), Lookouts (unlocated), Messengers (Phoenix Art Museum, Permanent Collection), Frost and Fire (unlocated), Incarnation (Private Collection), Flowering, Alchemy (The Buck Collection at University of California Irvine), Ahmi in Egypt (Whitney Museum of American Art, Permanent Collection), The Voice (Burchfield Penney Art Center, Buffalo State University, Permanent Collection), White Fire (Raymond Jonson Collection, University of New Mexico), Sea Change (Whitney Museum of American Art, Permanent Collection), Shell (unlocated), Voyaging (JLW Collection), The Guide (Orange County Museum of Art, Permanent Collection), Bells (unlocated), Thought (unlocated), Efflorescent Decoration (unlocated).

Ed Garman, Posthumous inventory of Agnes Pelton’s abstractions, “Raymond Jonson Papers, University of New Mexico” no. 28 (circa 1961-62). Ed Garman (1914-2004) was a member of the Transcendental Painting Group.

Agnes Pelton papers, Archives of American Art, Smithsonian Institution, Notebook/ Sketchbook IV, circa 1917-1929; compositional sketch and color notes for Flowering appear on frame 95a (left-hand page) which bears a small swatch of muted greenish paint in the upper right quadrant; at the lower left quadrant of sketchbook 95b another swatch of paint, bright green, appears directly adjacent to the composition and color notes for Flowering on page 95a. Both a&b pages of frame 97 contain Pelton’s handwritten Montross Gallery exhibition hanging configurations which list Flowering among the works to be shown.

“The Art News,” volume 28, issue 7 (November 16, 1929); Volume 28, Issue 7; Exhibitions in New York, Agnes Pelton Montross Gallery; brief overview of Pelton’s Montross exhibition (no titles listed)

“An Exhibit of Paintings: Miss Pelton Making Display of Her Work in New York,” “Matawan Journal,” (November 15, 1929): page 2. This newspaper article provides titles of all works exhibited at Montross Gallery including Flowering.

Note: John Moran Auctioneers is grateful for the assistance from Mr. Michael Kelley in the research and cataloguing of this painting.

Rescue and Discovery

Unseen in public for nearly one hundred years and rescued from an estate clearance of items destined for donation to Mexico, Agnes Pelton's transcendental abstraction

Flowering represents a significant discovery by a pioneering American modernist. Her works have been acquired for the permanent collections of over two dozen American museums including MoMA NY, the Whitney Museum of American Art, the Crocker Art Museum, and the Los Angeles County Museum of Art.

The salvation of this striking and otherworldly painting is one in a series of fortuitous events bordering on the miraculous that have characterized the renaissance of interest in Agnes Pelton’s art which commenced in the early 1980s and continues to proliferate via museum exhibitions and acquisitions, catalogue publications, scholarly analysis, and public adulation.

Underscoring the rarity of Flowering’s discovery and offer for purchase is the fact that it is only the fifth Pelton transcendental abstraction to be offered at auction since the artist’s passing in 1961.

Flowering was conceived and painted by Agnes Pelton in August 1929 in her rural windmill home and studio located on Long Island, shortly after returning from an eight month visit to Southern California where she would move permanently in late 1931.

"…the miracles of growth day and night, the fountains of young green corn and the morning dew on the wild blueberries were a deep inspiration."

From “Windmill Home of Artist Inspires Unique Paintings” by Jane Corby, Brooklyn Daily Eagle, New York, Friday, February 20, 1931

Agnes Pelton standing in the doorway of her home and studio at Hayground Windmill (built 1809), Water Mill, Long Island, circa 1921.

Photo: Agnes Pelton papers, Archives of American Art, Smithsonian Institution

Agnes Pelton’s home and studio at Hayground Windmill (built 1809), Long Island, circa 1925

Flowering made its public debut in the exhibition Abstractions by Agnes Pelton, (November 11 - 23, 1929), at the Montross Gallery, New York City, in the company of The Fountains, Star Gazer, Being, Incarnation, Ecstasy, and Meadowlark’s Song –Winter, works which today are widely exhibited, reproduced, and the focus of ongoing scholarly analysis.

The Montross catalogue features an introduction written by Agnes Pelton which provides a glimpse into her creative mind and allows us to see Flowering through the lens of her visionary sensibilities:

“These pictures are like little windows, opening to the view of a region not yet much visited consciously or by intention—an inner realm, rather than an outer landscape. Sometimes the view is peaceful, even complete calm, or it may be active, stirring. Here color is like a voice, giving its message directly. Like music … it acts on the perception which is sympathetically ready to receive it. As the fragrance of a flower fills the consciousness with the essence of its life …by its own vibratory nature, with a beauty not for the eye alone, but of a more comprehensive nature, carrying a more direct impact on our newly developing perception.”

Excerpts from Agnes Pelton’s catalogue introduction ` , Montross Gallery, 1929.

The Montross exhibition was a life-changing event for Pelton. In addition to being an early solo showing of seminal abstract works, it is where she met music composer, philosopher, and fellow artist Dane Rudhyar (1895-1985) who became her close friend & mentor, astrologer, and chief art world advocate. Their decades-long friendship was of inestimable benefit to Pelton who revealed more of herself to Rudhyar, both personally and as an artist, than anyone else in her life. Through their relationship, Agnes was introduced to artist Raymond Jonson (1891-1982), with whom she exhibited in Santa Fe in 1933. This association led to Jonson, Pelton, and Rudhyar joining the New Mexico-based Transcendental Painting Group, for which Pelton also served as honorary president. The TPG’s philosophical and artistic alliance, forged “to carry painting beyond the appearance of the physical world,” was explored in the traveling survey Another World: The Transcendental Painting Group, curated by Michael Duncan. Today, some of the most perceptive and meaningful insights into Agnes Pelton and her art are those written by Dane Rudhyar:

“Her remarkable technique by means of which she produces an intense luminosity of color was acquired largely through her study of flowers” and is “the art of a woman of exquisite sensibility and awakened intuition who unveils through it an inner life rich in spiritual content.”

Dane Rudhyar, from his 1938 essay “The Transcendental Movement in Painting,” published in the exhibition catalogue Another World: The Transcendental Painting Group. (Crocker Art Museum, 2021)

“Agnes Pelton stands as the modern ‘seer’ type, unconnected to any particular school of philosophy, with the power to picture inwardly ‘bio-psychological’ symbols through which her inner development as a spiritual personality expresses itself in individual freedom.”

~Dane Rudhyar, quoted by Michael Duncan in Another World: The Transcendental Painting Group Crocker Art Museum, 2021

Dane Rudhyar (1895-1985)

In addition to the Montross show, Flowering was also exhibited at the Plainfield Public Library, New Jersey, 1931; the Ogunquit Art Center, Maine, 1931; the Addison Gallery of American Art, Massachusetts, 1931; and the Brooklyn Painters & Sculptors Gallery, New York, 1932.

Agnes Pelton’s handwritten price list featuring Flowering (entry #4) Plainfield Public Library exhibition, New Jersey, March 1931

Announcement for Agnes Pelton’s 1931 solo show at Plainfield Public Library, New Jersey, in which Flowering was exhibited

Agnes Pelton held a deep Zen-like reverence for nature. An avid gardener with a love of flora, she understood from direct observation and hands-on experience the biodynamics of growth and wonders of bloom, which she perceived as symbolically reflective of universal truths found in humankind and the cosmos. In a 1926 newspaper interview, she seems to foretell her vision for Flowering while reminiscing that during the period from 1914 to 1918:

“came the war and raising vegetables with no time for painting but the miracles of growth day and night, the fountains of young green corn and the morning dew on the wild blueberries were a deep inspiration.”

The solitude and beauty provided by Pelton’s two homes of the period-- the windmill on Long Island and secluded farm in rural Connecticut-- were essential to her spiritual well-being and art making. She painted both representational and abstract compositions palpably influenced by these serene and picturesque environments, among which Flowering is a prime example.

“Pelton’s most imaginative works, including her exquisite organic abstractions, were always based on nature. Nature was the source of her life and art. …she was intrigued by the cycles of nature and the beauty of emerging life. To Pelton, life was most vibrant at the moment when it emerged…. The themes of emerging plant life, radiating light and youthful energy were Pelton’s personal leitmotifs. Later they became seminal elements in her mature abstractions.”

~ Michael Zakian, from his essay “Agnes Pelton Drawings“ in the exhibition catalogue of the same title, Ohlone College Art Gallery, 1996, curated by Margaret Stainer.

“As she gradually moved more and more toward abstraction, Pelton’s use of the floral image took on a deeper significance beyond the obvious bloom in nature. Even the early reviews of her flower paintings, which noted their carefully detailed representation, often indicated something more, something exotic, unknown, and powerful.”

~ Nancy Strow Sheley, from Bringing Light to Life: The Art of Agnes Pelton, University of Kansas, American Studies, 2000.

Pelton’s extensive world travels included visits to Italy, Paris, the Middle East, the American Southwest, various locales on both the East and West Coasts, and Hawaii. These experiences were fundamental to her acquisition of the botanical knowledge, creative vision, and refined artistic sensibilities requisite for producing exotic and richly symbolic compositions like Flowering. In considering this essential facet of Pelton’s evolution toward abstraction, Gilbert Vicario, curator of the exhibition Agnes Pelton, Desert Transcendentalist (Phoenix Art Museum & traveling, 2019-2021) observes,

“From 1921 to 1926, she traveled extensively to farflung places including lengthy stays in Hawaii and Syria, which afforded her firsthand knowledge of the seemingly contradictory landscapes and flora of these two diverse locales.”

~ Nancy Strow Sheley, from Bringing Light to Life: The Art of Agnes Pelton, University of Kansas, American Studies, 2000.

“Great

artists in all periods are those who incorporate in their works a new experience of reality.”

~ Dane Rudhyar’s catalogue introduction for Agnes Pelton’s 1931 exhibition at Argent Galleries, New York

‘‘…having left one place and not yet arrived in another is suggestive of the condition of mind which is open to such pictures as these.’’
~Agnes Pelton
Agnes Pelton, Hawaii, circa 1923 Photo: Collection of Nyna Dolby

In late 1931, Agnes Pelton moved from her windmill home on Long Island and relocated to Cathedral City, California, near Palm Springs, where she lived and painted for the next thirty years until her passing in 1961. Despite the harsh climate and sparse population, Pelton was deeply inspired by the desert environment and thrived artistically. The area became an enclave for those of a creative bent and was home to the Sven-Ska resort, a favorite stop for visiting artists, many of whom Pelton entertained. Landscape painter Matille “Billie” Seaman (1883-1966) and beekeeper-author Josephine Morse True (1888-1975), both former owners of Flowering, were residents of Cathedral City and neighbors of Pelton, as were husband-and-wife authors Irving Sussman (1908-1996) and Cornelia “Corinne” Sussman (1910-1999). The Sussmans held the honored distinction of being the caretakers of Pelton’s extensive archive which they donated to the Smithsonian’s Archives of American Art, providing an invaluable research resource that continues to be a wellspring of information for scholars.

L to R: Former Flowering owner Matille “Billie” Seaman, unidentified woman, and Agnes Pelton, circa 1940. Photo by Wilson Ellis, courtesy of Cathedral City Historical Society

Agnes Pelton regularly opened her home and studio to host salon-style teas and exhibitions of both her work and that of local artists. Welcoming a broad range of visitors consisting of neighbors and area residents, fellow artists and luminaries, relatives, children, and travelers from near and far, Pelton’s small residential gallery was the genesis for what eventually became the Desert Art Center which continues to operate in Palm Springs. The guestbook Pelton kept provides a fascinating window into her life and the small-town art world activities of Cathedral City during the 1940s and ‘50s and is now available to view online as part of the Smithsonian’s Agnes Pelton papers.

Author Josephine Morse True, neighbor of Agnes Pelton and former owner of Flowering, at her home in Imperial Beach, California, 1965 , holding a copy of her memoir “Painted Rocks”

Pelton’s Desire to Make “Living Art”

“She has treated the various items within the paintings in a way which seems to give them a life outside the purely physical.”~ Raymond Jonson, from his lecture “Three Paintings by Agnes Pelton,” University of New Mexico, circa 1939

With its themes of upward surging growth and blossoming unfoldment, Flowering is an example of Agnes Pelton consciously designing a picture with qualities intended to infuse it with the energies of a living creation. This conceptually advanced dynamic was noted by an anonymous author who reported in 1934 that Pelton

“...feels a new element has come into art with the moderns, namely the duration of time in a picture. This means that some part of the picture keeps on going like a fountain while you watch it. ‘The sensibilities are developing along lines in this air-minded age we were not aware of before,’ Miss Pelton explained.”

In Spiritual Moderns:Twentieth-Century American Artists and Religion (Chicago University Press, 2023), Erika Doss states that Pelton “…defined her Abstractions as animated entities-- expressing, becoming, leading, telling--engaged in an evolving ‘state of being.’ She saw them as living pictures: as vibrant images that embodied her spiritual thoughts and experiences, and possibly sparked similar awareness among viewers.”

Agnes Pelton, circa 1901 Photo: Nyna Dolby, restored by Peter Palladino, Agnes Pelton Society

Agnes Pelton’s notebook for years 1917-1929 containing her original sketch and notes for Flowering

“Agnes painted the invisible, which she tied to the natural world. She is the link between these two worlds, guided by her meditations.”

A fundamental dynamic of Pelton’s abstract compositions, as Margaret Stainer writes in her Agnes Pelton: Drawings catalogue essay (Ohlone College, 1996), was the desire to create spiritually transformative art. “Pelton was interested in the image as a window into another world, of color and forms that correspond poetically within the viewer. She is interested in life in nature… the soul in portraits… and in human correspondence to the physical and immanent energies surrounding us. She clothed her symbolic images, the abstractions, in the illusionistic language of atmospheric color and volumetric light that gave them depth and believable presence.”

In his essay Deep Streams Flow, Endlessly Renewing, Nathan Rees elaborates, “For Pelton, the appearance of creating and viewing art was central to its spiritual function. In her view, a work of art was not a physical repository of meaning so much as a nexus through which diverse interpretations brought by the artist and the viewer could converge. Pelton meant to do more than simply elicit a particular emotional response through her art—she considered the ‘inner realm’ from which she felt her paintings arose to be a fount of spiritual knowledge. The inner visions that she sought to portray were intended…to allow others, through the act of viewing, to access their own internal sight, awaken their own spiritual perception.” (American Religious Liberalism, edited by Leigh E. Schmidt and Sally M. Promby, Indiana University Press, 2012)

~ Nyna Dolby, cousin of Agnes Pelton and custodian of Agnes Pelton’s personal photo archive.

A notebook entry which appears a couple of pages after the annotated sketch for Flowering relates to the painting Star Gazer and reveals how spiritually invested Pelton was in the creation of her abstract compositions: “Oct. 19 (1929) After finishing Star Gazer - saw empty easel & felt light myself - empty - relieved, like an eggshell is empty - becoming a completeness in itself - with beauty - not just a covering for life within.”

AAA Notebook 1917-29 frame 97 (right page), two pages after entry for Flowering on frame 95

Flowering was designed to be a “living picture” that conveys a sense of movement and bioactivity. This is evidenced in Pelton’s 1929 sketchbook entry in which she drew side-by-side downward and upward facing arrows with the note “double action, down & up – transformed.”

Entries for Flowering appear in Notebook/Sketchbook IV, circa 1917-1929

Agnes Pelton papers, Archives of American Art, Smithsonian Institution

Frame: 95 (right page)

Transcription:

“Aug 18 [1929]

Flowering

[Double pencil sketch drawn below; left sketch is unframed and shows basic composition form; right sketch is framed (drawn) and forms are color-coded with numbers, size stated as 19 x 24 with notation indicating “Size of Ecstasy” (referring to another Pelton abstraction) ] Double action

down & up - transformed” [downward and upward arrows, drawn side-by-side]

Left column notes: “Background seawater or greenish ivory – close, like translucent fog – or steam in warmth [sic] light but dense- clearing toward top where it darkens slightly to blue violet gray – like blue agate. Mysterious rather than dense, just dark enough for flower to gleam & radiate against. Green, cream, gray-violet.”

Notes continue on right side of page with drawing of elongated floral form in-between: “Size of Ecstasy, 5 grayish [referring to color coded forms] green growth veg.[etation]

1 dark - thick

2 light virile green growth

Plunging down into

3 mysterious vaporous thick haze

4 reappearing upward more like green fire than vegetable surface

Delicate steam rising from them somewhat like smoke – tenuous in middle to pearly translucent flower open in center but not revealing light from top”

Agnes Pelton’s 1929 notebook entry for Flowering

Notebook frame 97 (left and right pages): Pelton has made notes and diagrams for Montross Gallery exhibition layout options

“Agnes Pelton began her career as a painter of landscapes, portraits and above all flowers. The latter seem to have offered to her a natural transition to the realm of imaginative forms and exquisitely shaded colors. Flowers are, as it were, the climax of the plant’s effort toward the sun. And works of art like those of Miss Pelton are very much like the Flowering of an individual life. In practically all her works we witness a victory of light over darkness, and of life over death. They are psalms of integration sung to the spirit of man.”

~ Dane Rudhyar, introduction to Agnes Pelton’s 1943 exhibition at the Santa Barbara Museum of Art

In addition to philosophically-informed compositional content, Pelton’s methods of infusing her abstractions with “living” energies included the application of numerology and metaphysical color theory, both of which are pillars of Theosophy in which colors and numbers are believed to have vibrational frequencies that correspond to scientific principles and spiritual energies governing matter, states of consciousness, and aspects of the human psyche.

Pelton’s notebooks reveal a recurring focus on numbers. Entries range from details of complex numerical systems and examples of magic squares to calculations for determining canvas dimensions to align artworks with specific numerological attributes. In an entry from March 1929, written during her eight month stay in South Pasadena to study with Will Levington Comfort’s Theosophy-based “Glass Hive” group, a deeper agenda beyond appearances is expressed in Pelton’s observation that “All vibratory activity expresses itself in form, color and sound, the energy always of that particular color or shade belonging to that particular rate of vibration.” This quote is a closely paraphrased transcription of a passage from the 1927 publication “A Book About You” by Charles F. Haanel (1866-1949). Pelton’s awareness of and adherence to such principles suggests that the colors used for Flowering were selectively chosen for their metaphysical properties.

Agnes Pelton felt a deep connection with flowers and saw them as symbols of spiritual qualities that correlate with human life and personal transformation. With its intertwining forms, blooming energy and bio-luminescence, Flowering offers a portal for earthly, cosmic, and personal exploration.

The Rarity of Flowering’s Frame

Agnes Pelton was particular and exact about the frames used for her abstractions, which she handmade and painted silver. Unfortunately, most of these frames have been discarded and few have survived. Flowering retains its original frame preserving Agnes Pelton’s complete vision of design and construction.

Handwritten title, original price, and artist’s name and address on painting stretcher

Flowering, present in it’s original silver painted frame handmade by Agnes Pelton

“The aim of these paintings over many years has been to give life and vitality to the visual images that have appeared to me from time to time in receptive moments--as symbols of fleeting but beautiful experiences.” ~

~Agnes Pelton
from Cosmic Art by Raymond F. Piper and Lila K. Piper, Hawthrone Books, 1975
Agnes Pelton’s home in Cathedral City, circa 1942
Photo: Raymond Jonson Archive, University of New Mexico

Flowering displayed in Agnes Pelton’s former Cathedral City home, present day headquarters of the Agnes Pelton Society

In April of 2024, Agnes Pelton’s former residence and studio located in Cathedral City, California was designated as a historic landmark by the Cathedral City Historic Preservation Committee.

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(c) Bidding Guidelines. Bidding, whether in person or by agent, absentee bid, telephone, or internet, constitutes a bidder’s acceptance of these Terms. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer retains the absolute right to reject any bid; withdraw, pass, or divide any lots; combine multiple lots; advance the bidding at their absolute discretion; and—in the case of error or dispute, whether during or after the sale—determine the successful bidder; continue the bidding; cancel the sale; or re-offer and sell the lot in question. Under no circumstances are sellers, or agents acting on their behalf, permitted to bid on their own property. In the event of any dispute after the auction, Moran’s sale record shall be conclusive as to the successful bidder and the price of the successful bid.

(d) Absentee, Telephone, and Internet Bidding. Moran offers absentee, telephone, and internet bidding as a convenience to clients and does not accept liability for errors or failures to execute bids. Absentee and telephone bids must be recognized by Moran prior to auction day. When identical absentee bids are submitted that become the highest bids at the auction, the bid first received by Moran shall be accepted as the winning bid. Telephone bidders are encouraged to leave minimum bids in case of technical failure.

(e) Reserves. Unless Moran expressly indicates otherwise, lots may be offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve for any lot shall not exceed its published estimate. Moran shall act to protect the reserve by bidding through the auctioneer, who may open bidding on any lot below the reserve by placing a bid on the seller’s behalf. The auctioneer may continue to bid on behalf of the seller up to the reserve amount, either by placing consecutive bids or by placing bids in response to other bidders. Lots without reserves are typically opened for bidding at 50% of their low estimate. In the absence of a bid at that level, the auctioneer may proceed backward at their discretion or deem the lot unsold if a bid is not recognized.

AFTER THE AUCTION

(a) Payment and Title Transfer. The buyer agrees to pay the sum of the hammer price plus Buyer’s Premium, plus any applicable sales tax. The Buyer’s Premium will be calculated as follows: 27% on the first $1,000,000 of the hammer price, plus 21% on any amount between $1,000,001 and $5,000,000, and 15% on any amount above $5,000,000 when paying by cash, check, or wire transfer.

Successful bidders using Live Auctioneers or Invaluable platforms will be charged a Buyer’s Premium calculated as follows: 32% on the first $1,000,000 of the hammer price, plus 26% on any amount between $1,00,001 and $5,000,000, and 20% on any amount above $5,000,000 when paying by cash, check, or wire transfer.

Credit card payments made directly to Moran will be subject to an additional 3% acceptance fee. This fee is not more than the cost of accepting these cards. The name and address associated with the credit card must match the name and address of the successful bidder. Credit Cards are not an accepted form of payment for buyers outside the United States.

Buyers are strongly encouraged to provide full payment at the auction. Payment must be received by Moran within five business days immediately following the auction. The buyer does not acquire title to and may not take possession of the lot until all amounts (including the hammer price, premium, and applicable taxes) due to Moran have been paid in full.

Unless alternate payment arrangements are made immediately following the auction, successful Live Auctioneers bidders will be automatically charged via Live Auctioneers’ LivePayments 24 hours after the auction. Payments made through Live Auctioneers LivePayments are subject to an additional processing fee and any applicable state sales tax.

(b) Collection: Buyers are strongly encouraged to collect purchased items from the sale site at the time of the auction. Packing material and labor are provided free of charge at the sale site during the auction. Packing and handling of purchased lots is undertaken by Moran solely as a convenience to customers. If a buyer opts to use this courtesy packing and handling service, Moran is not liable for damage to property, regardless of cause.

(c) Storage and Abandonment. Following the auction, uncollected lots shall be relocated to and stored in Moran’s warehouse. Moran shall retain possession of all purchases until full payment has been received from the buyer. Lots remaining uncollected after the fifth business day following the sale, regardless of payment status, are subject to a per-lot daily storage charge of $10.00. In addition to other remedies available by law, Moran reserves the right to impose upon delinquent buyers a separate 1% monthly charge (of the purchase price, or the maximum permitted by law) commencing on the sixth business day after the sale date. If a buyer fails to retrieve a purchased lot within thirty (30) days after the date of sale (the “Retrieval Period”), Moran may, without further notice, (a) continue to store the lot in Moran’s warehouse, or at the warehouse of a third-party, subject to the storage charge described above; (b) deliver the lot to the buyer at the buyer’s expense; or (c) sell the lot at auction without reserve at a place and time determined by Moran in its sole discretion.

(d) Consequences of Late Pick-Up/Abandoned Property. Notwithstanding the foregoing, Moran has no duty to store any lot indefinitely. Any purchased lot that remains in Moran’s possession sixty (60) days after the Retrieval Period (collectively, ninety (90) days) will be deemed abandoned (“Abandoned Property”) and title to it will pass to Moran. Moran may, in its sole discretion, discard or sell any Abandoned Property and may keep any proceeds from any such sale. Moran may not be held liable for any claims related to Abandoned Property. Moran is not responsible for damage or loss that occurs to Abandoned Property and Moran is not responsible for insuring Abandoned Property after the Retrieval Period.

(e) Shipping. As a courtesy to buyers, Moran provides a list of preferred shippers who are in the business of transporting antiques and works of art. Buyers are responsible for arranging their own shipping estimates and deliveries. Moran, in its sole discretion and as a courtesy to buyers, may arrange to have purchased lots packed, insured, and forwarded by a third-party shipper at the request, expense, and risk of the buyer. In circumstances where Moran arranges for such third-party services, Moran may apply an administration charge of 15% of that service fee. Moran assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, even if recommended by Moran. Moran also assumes no responsibility for any damage to picture frames or to the glass therein.

(f) All Sales Final. Notwithstanding other terms mentioned herein, refunds may be given in Moran’s sole discretion. Refunds requested on the grounds of authenticity must be made within 180 days of the auction and accompanied by a supporting written statement from a recognized authority (defined as a person who has authored, edited, or substantially contributed to a monograph on the artist; a person who has curated, organized, or substantially contributed to a solo exhibition on the artist; or a person who has represented the artist’s estate or someone who represented or worked closely with the artist while they were alive and, in any of the foregoing instances, physically handled works of the period, medium, and subject matter in question during the course of their duties) stating that the object sold is incorrect or not the work of the artist. Dealers, appraisers, and representatives of other auction firms do not qualify as authenticators of individual artists unless they have had such specific involvement with that artist’s work, as specified above, in addition to their daily duties. Refunded lots must be returned to Moran in the same condition as when sold. Moran does not grant extensions to refund considerations based upon authenticity due to shipping delays. There are no exceptions to this refund policy.

LIABILITY AND LIMITED WARRANTY

(a) Liability. The buyer expressly agrees that (i) neither Moran nor the seller shall be liable, in whole or in part, for any special, indirect, or consequential damages, including, without limitation, loss of profits, and (ii) the buyer’s damages, if any, are limited exclusively to the original purchase price paid for the lot.

(b) Limited Warranty. ALL PROPERTY IS SOLD AS IS. Neither the seller nor Moran or its associates make any representation, express or implied, warranty (including merchantability and fitness), or guarantee in condition, age, size, provenance, medium, signature, inscription, exhibition history, importance, rarity, country of origin, genuineness, historical relevance, monetary or other value, framing or lack thereof, mounting, conservation, coloring, palette, inscription, edition, style, label, or other descriptor. No statement in the catalogue, brochures, website, bill of sale, invoice, any supplementary material, or statements by any Moran employee shall be deemed a warranty, representation or assumption of liability.

(c) Descriptions. No warranty, whether express or implied, is made with respect to any description contained in this auction or any second opinion. Any description of the items or second opinion is for the courtesy of identifying the items for those bidders who do not have the opportunity to view the lots in person, and no description of items has been made part of the basis of the transaction or has created any express warranty that the goods would conform to any description made by the auctioneer. Color variations can be expected in any electronic or printed imaging and are not grounds for the return of any lot.

(d) Estimates. All estimates provided are carefully considered opinions of Moran’s specialists and are merely suggested guidelines for interested buyers. Buyers must be aware that all property sold is subject to fluctuating values depending on the subjective interests of collectors and a wide variety of other uncontrollable factors. The lots auctioned may sell at prices above, within, or below estimate.

(e) Notices, Demands, and Refunds. Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction shall be made (1) in writing and addressed to John Moran Auctioneers, Inc, 145 East Walnut Avenue, Monrovia, CA 91016 or (2) via email at info@johnmoran.com.

(f) Notices, Demands and Refunds: Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction shall be in writing and addressed to John Moran Auctioneers, Inc, 145 East Walnut Avenue, Monrovia, CA 91016.

ADDITIONAL MATTERS

(a) Copyright. The copyright on all images, illustrations, and written material produced by or for Moran for its auction is and will remain at all times the property of Moran. Moran and the seller make no representation or warranty that the buyer will acquire any copyright or reproduction rights to a purchased lot.

(b) Buyer’s Breach of Conditions. If a buyer fails to comply with any of these Terms, Moran may, in addition to asserting all remedies available by law, including the right to hold that buyer liable for the purchase price, (i) cancel the sale, retaining as liquidated damages any payment made by the buyer; (ii) resell the property without reserve at public auction or privately upon notice to the buyer; or (iii) take such other action as Moran deems necessary or appropriate. If Moran resells the property, the original defaulting buyer shall be liable for the payment of any deficiency between the original sale price and any subsequent mitigation sale, including warehousing, the expenses of both sales, reasonable attorney’s fees, commissions, incidental damages, and all other charges due hereunder. In the event that such buyer pays a portion of the purchase price for any property, Moran’s shall apply the payment received to such property that Moran, in its sole discretion, deems appropriate. Moran shall have the benefit of all rights of a secured party under the Uniform Commercial Code as adopted in the State of California.

(c) Governing Law. The rights and obligations of the parties with respect to these Terms and the conduct of the auction shall be governed and interpreted by the laws of the State of California.

(d) Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by private arbitration before an arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a Party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

(e) Severability. Should any of these conditions be deemed unenforceable, invalid, or illegal in any court having jurisdiction, that part shall be severed from these Terms and shall have no effect on the enforceability of the remaining provisions contained herein, which shall remain valid to the fullest extent permitted by law.

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