the eight faces of moses
Live auction July 19, 2014 | 1:00 pm ET RR Auction Gallery 236 Commercial Street, Boston, MA 02109
Auction preview July 14 - July 19, 2014 RR Auction Gallery, 236 Commercial Street, Boston, MA 02109. Auction preview will also be available by appointment.
online bidding July 14 - July 18, 2014 | 12:00 pm ET Visit www.RRAuctionLive.com starting July 14 to place a bid before the live auction begins. Pre-live auction bidding will close at 12:00 pm ET, July 19. July 19, 2014 | 1:00 pm Visit www.RRAuctionLive.com at 1:00 pm ET to watch and place bids live against floor bids. CONTACT INFO (800) 937-3880 www.RRAuction.com AUCTION GALLERY 236 Commercial Street, Boston, MA 02109 MA/Lic #3214
ESTIMATE $600,000 - $800,000
The Eight Faces of
MOSES Uniting Four Legendary Figures Arnold Friberg
Cecil B. DeMille
Charlton Heston
Wally Westmore
The Eight Faces of
MOSES
introduction
Created by renowned artist Arnold Friberg for Cecil B. DeMille’s masterful 1956 remaking of The Ten Commandments, the following collection of portraits is one of the most important Friberg discoveries of recent years, bringing together four of the biggest names in art and entertainment. Used by Wally and Frank Westmore as the templates for Charlton Heston’s makeup as he transformed from a young slave to a wizened prophet, they are among the finest pieces of Hollywood art ever to come to market. In presenting this collection, we owe a great debt of gratitude to Lawrence Jeppson. A distinguished art historian and author of countless articles and publications, including the lengthy analysis, ‘The Pressing Need to Preserve the Arnold Friberg Collection for the Education and Enjoyment of Future Generations, Eight Decades of Remarkable Art,’ Mr. Jeppson’s extensive knowledge of Friberg’s work has been indispensible in our preparation.
Moses Working as a Slave in the Brick Pits Oil painting on artist’s board, 8.5 x 10.5
ARNOLD FRIBERG Born December 21, 1913, to Scandinavian immigrant parents, Arnold Friberg grew up in Arizona as a member of the Mormon faith. From an early age, he showed great promise as an artist, painting signs for local businesses and drawing his own comic strips. After high school, he moved to Chicago to attend the Academy of Fine Arts, and later moved to New York to study at the Grand Central School of Art. In 1937, Friberg made his first painting of the Royal Canadian Mounted Police as an ad for Mountie printing paper; he would go on to create over 200 images for this client, many of which were reproduced by the thousands and hung in households throughout Canada.
With the outbreak of World War II, Friberg was offered the rank of captain for drawing recruitment posters for the Air Corps, but instead chose to join the infantry in Europe. When he returned, he set up his studio in San Francisco, where he served on the faculty of the new School of Fine Arts. Three years later, in 1950, he moved to Salt Lake City to teach commercial art at the University of Utah. It was at this time that Friberg was asked to make a series of twelve paintings illustrating scenes from the Book of Mormon. These illustrations were used in millions of copies of the Book distributed worldwide, opening Friberg up to a massive international audience.
Moses At Jethro’s Well in Midian Oil painting on artist’s board, 8.5 x 10.5
DeMille seeks out Friberg As Friberg reached this new level of fame, director Cecil B. DeMille was struggling to find a costume designer for his epic undertaking: an updated, Technicolor remaking of The Ten Commandments. After seeing Friberg’s illustrations for the Book of Mormon, DeMille got in touch with the artist and asked him to come to Hollywood for a month as a consultant. The month came and went—with the two working together
splendidly from the get-go—and Friberg returned to his home in Salt Lake to complete his Mormon paintings. Impressed by his work and unable to imagine a better man for the job, DeMille requested that Friberg join his production company in Hollywood until the movie was finished. Despite his reservations about putting the rest of his work on hold and moving to Los Angeles, Friberg did return at the urging of the Church’s president, making his home in L.A. for the next four years.
Moses with Sephora in the Land of Midian Oil painting on artist’s board, 8.5 x 10.5
Moses Before Seeing the Burning Bush Oil painting on artist’s board, 8.5 x 10.5
Moses After Seeing the Burning Bush Oil painting on artist’s board, 8.5 x 10.5
The Ten Commandments Initially brought on board to design the costumes for the film, Friberg began his work painting portraits of each actor in the appropriate regalia. The leading cast members—Charlton Heston, Anne Baxter, Yul Brynner, Yvonne de Carlo, John Derek, Debra Paget, Edward G. Robinson, Nina Foch, Cedric Hardwicke, Martha Scott, Vincent Price, and Judith Anderson— were individually depicted in 14 x 21 oil portraits, with Friberg’s famous attention to detail and historical accuracy truly bringing to life the budding characters. He also painted a 14 x 21 of Audrey Hepburn, who ended up uncast, as DeMille decided she looked too fragile to play the powerful Nefretiri and replaced her with Baxter.
In a smaller format, 11 x 14, he went on to paint the supporting cast members— John Carradine, Olive Deering, Douglas Dumbrille, Henry Wilcoxon, Edward Franz, Lawrence Dobkin, Ian Keith, Esther Brown, Woodrow Strode, Julia Faye, H. B. Warner, and Donald Curtis. Blown away by Friberg’s renderings, DeMille began asking his opinion on other aspects of the film—when asked how he visualized an important scene, Friberg would sit down and paint it, producing what would become the templates for the sets. His fifteen stunning images of some of the movie’s most crucial scenes—Moses parting the Red Sea, receiving the Ten Commandments at the smoky top of Mount Sinai, kneeling before the burning bush— later went on to tour the world, attracting millions of viewers.
Moses At the Crossing of the Red Sea Oil painting on artist’s board, 8.5 x 10.5
Friberg’s Transformation of Moses One of the greatest challenges in believably telling the epic tale was in Charlton Heston’s transformation as Moses. Spanning an entire lifetime—from his days as a young slave in Egypt to his final encounter with God on Mt. Nebo as an old, wizened man—the legendary actor’s face needed not only to age, but also to reflect within it the experiences that shaped him. Bringing on the best of the best, DeMille hired two of the six famous Westmore men to head his makeup team: Wally Westmore— who was responsible for Frederic March’s miraculous 1931 transformation from Dr. Jekyll to Mr. Hyde—was hired as his makeup supervisor, and brother Frank as the lead makeup artist. At their fingertips, any transformation could be physically made, but DeMille again turned to Friberg for the inspiration. The result was this collection of eight magnificent oil paintings, which became indispensible guides to ensure that Heston’s makeup was done the same every day of shooting.
Within each image, one can see the precision of Friberg’s celebrated style from top to bottom. His meticulous detail brings to life every feature, with the culmination of subtle changes telling not only the natural story of aging, but also revealing hints of the remarkable events that brought Moses to each stage—darkened skin and a hair out of place as he finally reaches Jethro’s well, a barely detectable new wrinkle to the forehead before he first hears the voice of God, a slightly furrowed brow with a single fleck of grey as he begins his return to Egypt, and the weathered skin and distinguished beard of a prophet ascending to immortality after a lifetime of struggle. Though unsigned, each painting holds Friberg’s unique calligraphy across the top indicating the period of the prophet’s life that it depicts.
Moses Seeing the Orgy of the Golden Calf Oil painting on artist’s board, 8.5 x 10.5
Conclusion While Friberg’s cast portraits done for the costume designs (which earned him an Academy Award nomination) were later reproduced in the film’s large souvenir book, this astonishing series of portraits has never before been published. Retained by Westmore when the film came to a close, they remained in his private collection until his death in 1973; they were unknown to exist to Friberg’s collectors until authenticated by Lawrence Jeppson in 2014, and this is the first time they are being offered as such.
Pieces of Friberg’s original artwork have sold for millions of dollars, and have become increasingly desirable and hard to find over the past few decades. These museum-quality portraits capture not only his renowned attention to detail and stunning precision—especially with historic and religious subjects—but also the allure of one of the most celebrated films of all time. Combining the genius of Academy Award-winning director Cecil B. DeMille, the acclaim of Academy Award winner Charlton Heston, and the industry-changing make-up artist Wally Westmore, this is a one-of-a-kind set, as visually appealing as it is historically significant.
Imaged right Moses Ascending to Immortality on Mount Nebo Oil painting on artist’s board, 8.5 x 15.5
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RR Auction may apply any proceeds of sale then due or thereafter becoming due to the Bidder from RR Auction or any affiliated company, or any payment made by the Bidder to RR Auction or any affiliated company, where or not intended to reduce the Bidder’s obligations with respect to the unpaid lot or lots, to the deficiency and any other amounts due to RR Auction or any affiliated companies. In addition, a defaulting Bidder will be deemed to have granted and assigned to RR Auction a continuing security interest of first priority in any property or money of RR Auction’s owing to such Bidder in RR Auction’s possession, and RR Auction may retain and apply such property or money as collateral security for the obligations due to RR Auction. Payment will not be deemed to have been made in full until RR Auction has collected good funds. In the event the Bidder fails to pay any or all of the total purchase price for any lot and RR Auction elects to pay the Consignor any portion of the sale proceeds, the Bidder acknowledges that RR Auction shall have all of the rights of the Consignor to pursue the Bidder for any amounts paid to the Consignor, whether at law, in equity, or under these Terms and Conditions of Sale. 33. Auctioneer shall have a lien against the merchandise purchased by the buyer to secure payment of the Auction invoice. Auctioneer is further
granted a lien and the right to retain possession of any other property of the buyer then held by the Auctioneer or its affiliates to secure payment of any Auction invoice or any other amounts due the Auctioneer or affiliates from the buyer. With respect to these lien rights, Auctioneer shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the buyer waives any and all rights of offset he might otherwise have against the Auctioneer and the consignor of the merchandise included on the invoice. If a Bidder owes Auctioneer or its affiliates on any account, Auctioneer and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder’s property in their possession. 34. Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the buyer to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper. 35. Please send PayPal payments to FinanceDepartment@rrauction.com. All checks, cashiers checks or money orders are payable to R&R Auction Company, LLC. Orders paid by cashier check, money order, wire, Pay Pal or credit card are shipped upon receipt. Delivery; Shipping; and Handling Charges: 36. Bidder is liable for shipping and handling. Auctioneer is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received or credit extended, except when third-party shipment occurs. Bidder agrees that Service and Handling charges related to shipping items which are not pre-paid may be charged to the credit card on file with Auctioneer. Unless otherwise specifically indicated, all merchandise is stored at Auctioneer’s facilities in Amherst, New Hampshire. The purchases shall be shipped from that facility unless bidder makes arrangements to take possession at the facility. 37. Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to the Auctioneer for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price together with its buyer’s premium and Auctioneer shall use the correct harmonized code for the lot. Domestic Buyers on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs. Title: 38. On the fall of the auctioneer’s hammer, title to the offered lot will pass to the highest bidder acknowledged by RR Auction but fully subject to Buyer’s compliance with all of the terms of the Conditions of Sale and the Registration Form. Rights Reserved: 39. RR Auction reserves the right to withdraw any lot before or at the time of the auction, and/or to postpone the auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone. Conducting the Auction: 40. RR Auction reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages. 41. RR Auction reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Consignor who has registered to bid at the sale (or at any other time unless otherwise provided in the consignment agreement), or any Bidder or prospective Bidder shall have a right to claim any consequential damages if a lot is withdrawn, even after the sale. 42. The highest qualified Bidder recognized by the Auctioneer shall be the Buyer. In the event of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between any Bidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer’s decision and declaration of the winning Bidder shall be final and binding upon all Bidders. Bids properly offered, whether by floor Bidder or other means of bidding, may
on occasion be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid accepted as the winning bid, regardless of whether a competing bid may have been higher. Auctioneer reserves the right after the hammer falls to accept bids and reopen bidding for bids placed through the Internet or otherwise. 43. Lots bearing bidding estimates shall open at Auctioneer’s discretion. In the event that no bid meets or exceeds that opening amount, the lot shall pass as unsold. 44. All items are to be purchased per lot as numerically indicated and no lots will be broken unless decided by RR Auction. Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction. 45. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, failure to execute the reserve, auctioneer’s clerical error or omission in exercising bids and reserves, or for any other reason and in Auctioneer’s sole discretion. 46. Auctioneer occasionally experiences Internet and/or Server service outages, and Auctioneer periodically schedules system downtime for maintenance and other purposes, during which Bidders cannot participate or place bids. If such outages occur, RR Auction may at our discretion extend bidding for the Auction. Bidders unable to place their Bids through the Internet are directed to contact Client Services at 1-603-732-4280. 47. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers. Internet Auction – Extended bidding & the 30 Minute Rule: 48. Any bidder may bid on any lot prior to 6 pm. At that time, the Extended Bidding goes into effect. If you have not bid on a lot before 6 pm, you may not bid on that lot after 6 pm. Only those bidders who have placed bids on a lot before 6 pm will be allowed to bid on that lot after 6 pm. If you are the only bidder on a lot at 6 pm, that lot is awarded to you. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm. All lots WITHOUT an opening bid at 6 pm will remain OPEN to ALL bidders until 7 pm or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm, whichever comes first. For all lots that are active after 7 pm, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot. The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the auction closes individually based on bidding activity after 7 pm. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm. If you are the high bidder, raising your maximum bid will NOT reset the timer. RR Auction reserves the right to close the auction at any time at its sole discretion. Auctioneer’s Discretion: 49. RR Auction shall determine opening bids and bidding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, RR Auction’s record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale. Reserves: 50. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property. Off-Site Bidding: 51. Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in
any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form. RR Auction’ Remedies: 52. Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/ Buyer understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’ rights and remedies. Should RR Auction resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such buyer’s obligations to RR Auction, any property in RR Auction’ possession owned by such buyer. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by The Commonwealth of Massachusetts. Warranties: 53. RR Auction does not provide any warranties to Bidders or Buyers, whether expressed or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither RR Auction nor the consignor makes any representation or warranty, expressed or implied, as to merchant ability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the consignor makes any representation or warranty, expressed or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title. 54. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Generally Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices. 55. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly. 56. FIREARMS. Auctioneer complies with all Federal and State rules and
regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm. Important Notice: Many identical versions of props and costumes are created for film and television productions in the normal course of a production. RR Auction does not warrant or represent that the screen shots referenced are exact images of the offered item (unless specifically noted in the written description). Use of a screen shot does not constitute a warranty or representation of authenticity or provenance. There is not a right of return or refund based upon a claim arising out of or pertaining to any reference to a screen shot. 57. Lots and property are not returnable to RR Auction for any reason except under Buyer’s limited Remedies set forth in Sections 58 and 59 below and under the express terms and conditions of Section 58. Limitation of Damages: 58. In the event that RR Auction is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall RR Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost. Unauthorized Statements: 59. Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Terms and Conditions of Sale, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of RR Auction. Buyer’s Remedies: 60. Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid. The terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of The Commonwealth of Massachusetts. 61. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 51-55 (“Warranties”) and 56 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to RR Auction satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, RR Auction shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, RR Auction shall disclose the identity of the consignor to Buyer and assign to Buyer all of RR Auction’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. 62. All Lots sold by RR Auction are accompanied by a Certificate of Authenticity. On any lot presented with a Certificate of Authenticity (“COA”) issued by RR Auction, that warranty insures only to the original Bidder (as shown in Auctioneer’s records) “Bidder”. Bidder may not transfer the rights afforded under the COA and it is null and void when Bidder transfers or attempts to transfer the lot. The COA warranty is valid from date of the auction
in which Bidder was awarded the lot to five (5) years after its purchase. The COA warranty is valid as to its attribution to the person or entity described or to the lot’s usage. The Bidder as well as their heirs, successors and assigns is also given an unconditional lifetime guaranteed that allows the present owner of any lot purchased through RR Auction the right to consign with RR Auction. When the lot is accompanied by a Certificate of Authenticity (or its equivalent) from a third-party authentication provider, buyer has no right of return. On lots not accompanied by third-party authentication or under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a Bidder who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A Bidder must notify the appropriate department head in writing of the Bidder’s request within three (3) days of the non-floor bidder’s receipt of the lot. Any lot that is to be evaluated for return must be received at the office of RR Auction within 35 days after Auction. AFTER THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in the same condition as when sold and must include any Certificate of Authenticity. If a bidder wishes to challenge the Letter of Authenticity within the five (5) year warranty period, Bidder must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the field. If Auctioneer concurs that the lot is not as represented, Bidder shall be refunded their purchase price. If the Auctioneer denies the claim, the Bidder may file the dispute with the American Arbitration Association with locale in Boston Massachusetts, Suffolk County, before a single selected Arbitrator selected by the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of Massachusetts. The challenge to Authenticity must be brought within one (1) year if the Auctioneer denies the claim. After one (1) year, the Bidder hereby releases and discharges RR Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against RR Auction arising from or relating to any claim whatsoever. Specifically, the COA provided by RR Auction, does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer is subject to such issuing entity’s rules and such conditions are the sole remedy afforded to Bidder. For information as to third party authentication warranties the bidder is directed to contact RR Auction. RR Auction’ Additional Services: 63. For Buyers who do not remove purchased property from RR Auction’ premises, RR Auction, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice or credit card, RR Auction will include an administration charge. Headings: 64. Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer. Entire Agreement: 65. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties. 66. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being
impaired or invalidated in any way. 67. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of The Commonwealth of Massachusetts, whether or not the auction is and these Terms and Conditions of Sale are fully performed in Boston Massachusetts, Suffolk County.
AUCTION GENERAL GUIDELINES Conditions of Sale: Before you bid, you must read the Terms and Conditions of Sale, immediately preceding these pages. They represent a contract between RR Auction and you, and they contain important terms and conditions such as jurisdiction, payment terms, warranties and remedies. The Conditions of Sale are controlling over these general guidelines in the event of any conflicts between their respective terms. Estimate Prices: In addition to descriptive information, each item in the catalog sometimes includes a price range which reflects opinion as to the price expected at auction. In other instances, estimate prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimates are prepared well in advance of the sale and subject to revision. Estimates do not include the buyer’s premium or sales tax (see under separate heading). Reserves: The reserve is the minimum price the seller is willing to accept and below which a lot will not be sold. Owned or Guaranteed Property: RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction. Buyer’s Premium and Sales Tax: The Bidder acknowledges and agrees that a 22.5% buyer’s premium will be added to the hammer price on all individual lots, with a 2.5% discount for those paying by cash, check or wire. RR Auction may accept a current and valid VISA or MasterCard, credit or debit cards and/or PayPal for payment of an invoice totaling $5,000.00 or less, under the express condition that any property purchased by credit or debit card shall not be refundable, returnable, or exchangeable, and that no credit to Buyer’s credit or debit card account will be issued under any circumstances. All purchases are subject to the Massachusetts 6.25% sales tax unless the purchaser possesses a Massachusetts sales tax exemption number. Before the Auction: You may attend pre-sale viewing for all of our auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly. You may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment. Contact Information: 5 Rt 101A, Suite 5 • Amherst, NH 03031 Local/International: 1-603-732-4280 Local/Int’l fax: 1-603-732-4288 Website: www.RRAuction.com Email bidding: Bid@RRAuction.com Hours of Operation: Office hours are Mon-Fri, 9 a.m. -5 p.m. eastern standard time; hours on the last night of the auction are dictated by the 30 Minute Rule (see below). Any item in the auction can be viewed in our offices during normal business hours. Please call to set up an appointment. You must acknowledge having read your agreement with all of the Terms and Conditions of Sale prior to your registration and prior to your bidding on any lot. Bidding Live Auction: Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written
bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve. Maximum Bids – Internet Auction Only: To maximize your chance of winning, we strongly encourage the use of maximum bids. For example, assume an item you want currently has a high bid of $100. Your bid would then be $110 (10% over $100), and you could tell us, “I’d like a maximum bid of $242 for that item.” We will enter your bid at $110, and we will then bid for you until the lot reaches your maximum of $242. If competitive bids only reach $148, you would win the item at $163—10% over the highest previous bid. To prevent tie bids, all maximum bids should be made in proper increments. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under bidder’s bid. Bid Increments: Bids on an item must raise the current high bid by at least 10% or at the discretion of the auctioneer. Checking Bids – Internet Auction Only: You can open, monitor, and/or raise bids as often as you wish. However, all bidding is governed by the 30 Minute Rule and extended bidding. Extended bidding always goes into effect at 6 pm on the last day of the auction. At 7 pm, the extended bidding ends and the 30 Minute Rule goes into effect. Callbacks – Internet Auction Only: RRAuction offers a callback service on auction night for any bidder who has the high bid on an item whose current bid is over $1,000 and who has placed a maximum bid. At your request, we will call you if your maximum bid is topped. We will need your correct telephone number(s) where you can be reached until the auction closes. Callbacks begin after 6 pm on auction night. You must request this service; it is not automatic. We make every effort to ensure that bidders who request a callback are contacted if outbid; however, we do not guarantee this service. Bidding - Internet Auction: To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. If you have questions about this feature, please call RR Auction well in advance of the auction. Winning bidders will be notified by RR Auction. RR Auction is not and cannot be responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. Bidding - Internet – Live Auction: During live Auctions, internet bids can be placed in real time through the following services: www.RRAuction.com, www.liveauctioneers.com, www. artfact.com and www.icollector.com. On some occasions beyond the control of RR Auction, the bid software or the Internet itself may not physically keep up with the pace of the auction. In order to help avoid disappointment, RR Auction recommends placing a realistic absentee bid now. Since Artfact and iCollector (hereinfafter referred to as “Third Party sites”) bids are not shown to RR Auction until RR Auction opens the lot on the floor, RR Auction treats those bids the same as floor or telephone bids. In most cases, however, the floor and/or telephone responds before the Third Party sites bid is presented, due to Live Internet bid software or Internet lag time, so for consistency it is RR Auction’ policy that floor bids and telephone bids are always considered first over Third Party sites bids with floor bids being considered before telephone bids. Also please note that all RR Auction lots purchased through the Third Party sites carry an additional Buyer’s Premium. RR Auction strongly urges the bidder to resolve any questions about these policies or their implementation PRIOR TO BIDDING. Successful Bids: The fall of the auctioneer’s hammer indicates the final bid. RR Auction will record the paddle number of the buyer. If your salesroom or absentee bid is successful, you will be notified after the sale by mailed or emailed invoice. Unsold Lots: If a lot does not reach the reserve, it is bought-in. In other words, it remains
unsold and is returned to the consignor. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.
all of which may cause harm to a person. Bidder accepts all risk of loss or damage from its purchase of these items and Auctioneer disclaims any liability whether under contract or tort for damages and losses, direct or inconsequential, and expressly disclaims any warranty as to safety or usage of any lot sold.
After the Auction - Payment: You are expected to pay for your purchases in full within thirteen (13) calendar days of the auction or within twelve (12) calendar days of the invoice date. (See Generally “Payment” §27 through 35 of the Term and Conditions of Sale).
Dispute Resolution and Arbitration Provision: Bidder and RR Auction agree that any agreements between the Bidder and RR Auction including but not limited to these Conditions of Sale are entered into in Boston Massachusetts, Suffolk County, which is where the agreements are to be performed and the auction to take place, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location. Both RR Auction and the Bidder agree that any disputes under these Conditions of Sale, the subject matter hereof, the entering into, or any aspect of the auction, shall be exclusively governed by Boston Massachusetts, Suffolk County law, and that any and all claims or actions shall be brought and maintained only in Boston Massachusetts, Suffolk County. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY. The Bidder hereby consents that any dispute shall be presented in confidential binding arbitration before a single selected Arbitrator selected by the American Arbitration Association. The Bidder and RR Auction herby agree that the dispute shall go to binding arbitration in accordance with the commercial rules of the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of Massachusetts. Any dispute, claim, cause of action must be brought within one (1) year of the alleged breach, default or misrepresentation or the claim is waived. After one (1) year, the Bidder hereby releases and discharges RR Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against RR Auction arising from or relating to any claim whatsoever. Both Bidder and RR Auction agree that these provisions are intended to be binding on all parties in the event of any dispute specifically including third party claims and cross-actions brought by either RR Auction or Bidder, and that absent such agreement, RR Auction would not permit Bidder to bid hereunder. Any violation of the terms of this Paragraph shall entitle RR Auction to reasonable attorney fees and litigation costs in addition to all other available remedies, all of which remain reserved. The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the parties’ agreement, and the parties further agree that the court shall immediately dismiss any action filed in such jurisdiction. An award granted in arbitration is enforceable in any court of competent jurisdiction. The arbitrator’s award may be enforced in any court of competent jurisdiction. This agreement and any claims shall be determined and construed under Boston Massachusetts, Suffolk County law.
Shipping: After payment has been made in full, RR Auction may, as a service to buyers, arrange to have property packed, insured and shipped at your request and expense. For shipping information, please contact RR Auction at (603) 732-4280. In circumstances in which RR Auction arranges and bills for such services via invoice or credit card, we will also include an administration charge. Packages shipped internationally will have full value declared on shipping form. (See Generally “Delivery; Shipping; and Handling Charges” §36 and 37 of the Term and Conditions of Sale). At our discretion, some orders of high value may be sent via overnight or two-day service. Insurance is added to each invoice, with a minimum of $2 for the first $200 of value and 55¢ per $100 of value over $200. Oversized orders will have additional postage added to their invoices. Within the United States, rates for shipping and handling only are:
Rates for shipping and handling within the United States $0–$100...........................$10
$1,001–$3,000......................$35
$101–$500.......................$15
$3,001–$10,000....................$45
$501–$1,000....................$20
Over $10,000.......................$100
Additional Cataloging, Warranties and Disclaimers: NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY DESCRIPTION CONTAINED IN THIS AUCTION OR ANY SECOND OPINE. Any description of the items or second opinion contained in this Auction is for the sole purpose of identifying the items for those Bidders who do not have the opportunity to view the lots prior to bidding, and no description of items has been made part of the basis of the bargain or has created any express warranty that the goods would conform to any description made by Auctioneer. Color variations can be expected in any electronic or printed imaging, and are not grounds for the return of any lot. Auctioneer is selling only such right or title to the items being sold as Auctioneer may have by virtue of consignment agreements on the date of auction and disclaims any warranty of title to the Property. Auctioneer disclaims any warranty of merchantability or fitness for any particular purposes. All images, descriptions, sales data, and archival records are the exclusive property of Auctioneer, and may be used by Auctioneer for advertising, promotion, archival records, and any other uses deemed appropriate. Release: In consideration of participation in the Auction and the placing of a bid, Bidder expressly releases Auctioneer, its officers, directors and employees, its affiliates, and its outside experts that provide second opinion, from any and all claims, cause of action, chose of action, whether at law or equity or any arbitration or mediation rights existing under the rules of any professional society or affiliation based upon the assigned description, or a derivative theory, breach of warranty express or implied, representation or other matter set forth within these Terms and Conditions of Auction or otherwise. In the event of a claim, Bidder agrees that such rights and privileges conferred therein are strictly construed as specifically declared herein; e.g., authenticity, gross cataloging error, etc. and is the exclusive remedy. Bidder, by non-compliance to these express terms of a granted remedy, shall waive any claim against Auctioneer. Some Property sold by Auctioneer are inherently dangerous e.g. firearms, and items that may be swallowed or ingested or may have latent defects
Miscellaneous: Agreements between Bidders and consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize the Auctioneer’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, Auctioneer reserves the right to charge Bidder the applicable Buyer’s Premium and consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement. Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with “do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available. Rules of Construction: Auctioneer presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Terms and Conditions of Auction by these additional rules and shall be construed to give force and effect to the rules in their entirety.
the eight faces of moses Bob Eaton CEO, Acquisitions bob.eaton@rrauction.com
Erika Rosenfeld Managing Editor, Writer erika.rosenfeld@rrauction.com
Carla Eaton Owner, Auctioneer carla.eaton@rrauction.com
Tricia Eaton Editor, Authenticator tricia.eaton@rrauction.com
Bobby Livingston Executive Vice President, Public Relations bobby.livingston@rrauction.com
Bill White Lead Authenticator bill.white@rrauction.com
Bobby Eaton Vice President of Operations Auctioneer, MA/Lic. #3214 bobby.eaton@rrauction.com Mandy Eaton-Casey Finance Manager amanda.casey@rrauction.com Elizebeth Otto Consignment Director elizebeth.otto@rrauction.com Jon Siefken Consignment Director jon.siefken@RRAuction.com Kelly Daniell Consignment Representative kelly.daniell@rrauction.com Stephen Lago Consignment Representative stephen.lago@rrauction.com Linda Hernandez Consignor Customer Service linda.hernandez@rrauction.com
CONTACT INFO (800) 937-3880 www.RRAuction.com AUCTION GALLERY 236 Commercial Street, Boston, MA 02109 MA/Lic #3214
Mike Nelson Senior Catalog Writer mike.nelson@rrauction.com Dan McCarthy Catalog Writer, Researcher dan.mccarthy@rrauction.com Adam Karr Shipping Supervisor shipping@rrauction.com Joe Doucette Inventory Executive joe.doucette@rrauction.com Sue Recks Customer Service Executive sue.recks@rrauction.com Sarina Carlo Creative Director sarina.carlo@rrauction.com Annie Nichols Junior Art Director annie.nichols@rrauction.com
SPECIAL THANKS TO
Lawrence Jeppson The artist behind this incredible collection was unknown until authenticated by Lawrence Jeppson.
www.RRAuction.com | (800) 937-3880