Sale 1237 | Post War & Contemporary Art

POST WAR & CONTEMPORARY ART

28 SEPTEMBER 2023

POST WAR & CONTEMPORARY ART

SALE 1237

28 September 2023

10:00am CT | Chicago | Live + Online

Lots 1–115

HIGHLIGHTS PREVIEW

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September 23–27

10:00–5:00pm Monday–Friday 11:00–4:00pm Saturday–Sunday

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All property must be paid for within seven days and picked up within thirty days per our Conditions of Sale.

All lots in this catalogue with a lower estimate value of $5,000 and above are searched against the Art Loss Register database

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POST WAR & CONTEMPORARY ART

LOTS 1-115

PROPERTY FROM THE TRUSTS AND ESTATES OF

Property from an Estate, Cleveland, Ohio

Property from the Estate of Alexander Brody, Honolulu, Hawaii

Property from the Estate of Morton and Estelle Sosland, Kansas City, Missouri

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

PROPERTY FROM THE COLLECTIONS OF

Property from the Collection of Joseph S. and Miriam T. Sample

Property from a Distinguished Midwest Private Collection

Property from a Private Collection, Atlanta, Georgia

Property from a St. Louis Gentleman

Property from the Collection of Beverly and Jerome Siegel, New York, NY

Property from the Collection of Edith S. Peiser, Boca Raton, Florida

Property from the Collections of Evaskus & ZigZag Antiques

Property from the Collection of George C. Kaiser, Milwaukee, Wisconsin

Property from the Collection of Glen de Vries

Property from the Collection of Jean Sulkes, Chicago, Illinois

Property from the Collection of Matthias Ohm, Mableton, Georgia

Property from the Family Collection of Marion Edwards, Saint Augustine, Florida

Property from the Private Collection of Barbara and Eugene Schwartz, New York, NY

Property from the Private Collection of Cindy Peterson of Geneva, Illinois

Property from the Private Collection of Keith Struve, Chicago, Illinois

Property from the Private Collection of Miroslav Klabal

The Floating World Gallery, Chicago, Illinois

OPPOSITE

Lot 86

Morton and Estelle Sosland: Collecting with Taste

Morton and Estelle Sosland were two well-known patrons of the arts in Kansas City, donating and serving on the boards of several art organizations including the Kansas City Symphony, Kansas City Art Institute, and the American Crafts Council. But perhaps no institution drew their attention and passion as much as the famed Nelson-Atkins Museum of Art. Both were heavily involved with the museum serving on the board, organizing donation drives, and helping guide the museum’s expansion. In 1994, the Soslands donated the massive 17-foot shuttlecock sculptures that adorn the sculpture park at the museum. Although somewhat controversial at the time, the sculptures have become iconic and are among the most photographed art installations in the city.

While both were involved with the Nelson-Atkins, it was Estelle who formed the closest bond with it, starting as a volunteer in the Sales and Rental department before eventually rising to the position of chairman, the first woman ever to hold that position. She served on numerous boards including Menorah Medical Center, the Oppenstein Brothers Foundation Disbursement Committee, and the board of Sunset Hill School.

Morton Sosland made his living in the publishing business where he served as publisher and editor for many publications but most notably Milling & Baking News He also served on many high profile boards of companies with significant Kansas City ties including H&R Block, Commerce Bancshares, ERC Corporation, Hallmark Cards, Kansas City Southern Industries, Stilwell Financial, and Trans World Airlines. Much like his wife, Morton also had a deep passion for the art community and the Nelson-Atkins in particular, serving several key positions at the museum.

Over the course of 73 wonderful years of marriage, Morton and Estelle built a remarkable life for themselves in their hometown of Kansas City that saw three children, four grandchildren, and six great grandchildren. From a very young age, the Soslands learned that giving back was important, starting the charitable Sosland Foundation in 1950 while both were just 25 years old. Their impact on the Kansas City community was so profound that in 2014, Mayor Sly James proclaimed September 19 Morton and Estelle Sosland Day.

Not surprisingly for a couple so passionately involved in the art world, they also assembled an enviable collection of painting, sculptures, and other pieces of fine art. No doubt inspired by Morton’s publishing business, the Soslands favored foodrelated subjects in their collection. This is especially apparent in the delicious pieces offered in this auction, including William H. Bailey’s Eggs and Oranges, Claes Oldenburg and Coosje Van Bruggen’s B B Pie a la mode - Flying Scale B 3/3, and, of course, Wayne Thiebaud’s incredible Avocado Salad

Robert

(American, 20th century)

Untitled (White Square), 2017 mixed media on panel initialed RM and dated (verso) 60 x 60 x 8 inches.

$8,000 - 12,000

Untitled, 1973

The Floating World Gallery, Chicago, Illinois

Provenance: Private Collection, New York

Sold: The Benefit Shop Foundation Inc., June 14, 2023, Lot 255

$30,000 - 50,000

7

Charmion Von Wiegand (American, 1896-1983)

#116, 1959 oil on paper

initialed C. VW (lower right); titled and dated (lower left)

8 1/2 x 7 3/4 inches.

Provenance:

Stuttman Gallery, New York

Acquired from above by Elisabeth French, Washington D.C.

Pazo Fine Art, Kensington, Maryland

$3,000 - 5,000

Composition:

Provenance:

Sold: Sotheby’s, February 27, 1980, Lot 91

$5,000 - 7,000

Provenance:

Acquired directly from the studio of the Artist by the present

$5,000 - 7,000

11 Robert Swain (American, b. 1940)

#914 (Study), #915 (Study), #918, #919a,  #919b, and #920, 1978 acrylic on canvas each signed Robert Swain, titled and dated (verso) each 36 x 36 inches.

Provenance: Acquired directly from the studio of the Artist by the present owner in 1982

$10,000 - 15,000

14

School

acrylic

Property from a Private Collection, Atlanta, Georgia

Provenance: Heath Gallery, Atlanta

Acquired from the above by the present owner in 1987

$8,000 - 12,000

Markus

IHAVEKNOWNRIVERSOLDTOBEGIN,

Provenance: Ameringer McEnery Yohe, New York

$10,000 - 15,000

17

Carlos Cruz-Diez (Venezuelan, 1923-2019)

Physichromie No. 751, 1974 acrylic and plastic inserts on aluminum signed Cruz-Diez, titled and dated (verso) 39 5/8 x 39 11/16 inches.

Property from a Distinguished Midwest Private Collection

Provenance: Galerie Denise Rene, Paris Private Collection, Illinois Thence by descent to the present owner

We are grateful to the Cruz-Diez Foundation for their assistance in cataloguing this work; this work will be sold with a certificate of authenticity from the Cruz-Diez Foundation.

$80,000 - 120,000

Carlos Cruz-Diez (Venezuelan, 1923-2019)

Physichromie No. 537, 1970

Property from a Distinguished Midwest Private Collection

Provenance:

Galerie Denise Rene, Paris

Private Collection, Illinois, acquired from the above Thence by descent to the present owner

We are grateful to the Cruz-Diez Foundation for their assistance in cataloguing this work; this work will be sold with a certificate of authenticity from the Cruz-Diez Foundation.

$50,000 - 70,000

Carlos Cruz-Diez

[Color is] not simply the color of things or the color of form [but rather] an evolving situation, a reality which acts on the human being with the same intensity as cold, heat, and sound.

Color first caught the eye of Carlos Cruz-Diez at the age of 9, watching the sunlight cast vibrant projections on his white shirt though the cola bottles at the soft drink factory where his father worked. Engaging with color – and sharing this experience -- would become his life’s work, as he made his mark as a pivotal figure in the Op Art and Kinetic Art movements of the 20th century.

We are pleased to present in this sale two culminations of Cruz-Diez’s interactions with color, from one of his best-known series: Physichromie No. 751, 1974 and Physichromie No. 537, 1970. They are both excellent examples of the Artists’ deep and obsessive fascination with color theory and perception.

Born in Caracas in 1923, Cruz-Diez initially studied at the School of Fine and Applied Arts in Caracas and worked as a graphic designer in advertising before moving to Europe in the 1950s. The move was predicated by the restrictions of the dictatorship of Pérez Jiménez in his home country, which stifled Cruz-Diez and his peers. After a few years in El Masnou, Cruz-Diez relocated to Paris, allowing him to more deeply connect to the art world and continue his visual experimentations.

Driven by a desire to explore how color interacts with light and space, he was inspired by such diverse sources as Sir Issac Newton’s chromatic experiments and the artist Josef Albers, among others, Cruz-Diez began to create relief paintings that seem to vibrate before their viewers – the first of his Physichromies, a title he invented by combining the words ‘physical chromatism.’

Physichromies are characterized by their meticulously arranged colored strips or panels that create dynamic visual effects as viewers move past them. The series embodies Cruz-Diez’s exploration of color’s mutability and its ability to engage the viewer in an active, participatory experience. The Physichromies are not static artworks; they transform and evolve as the viewer’s position changes, which Cruz-Diez discussed with the magazine Frame in 2018: How you perceive [the Physichromies] colours depends on your movements and the surrounding light – the way the light strikes the work alters everything. What you see from your position is different from what I perceive from mine. My challenge is to show you a reality that has no past or future – a piece that exists in a perpetual present. One of the fundamental conditions of art is to provoke astonishment. My works are about triggering something that’s different from what you experience when viewing a traditional painting.

Physichromies are significant in their fusion of art and science, their engagement with the viewer’s perceptual experience, and their contribution to the larger discourse on color theory and visual cognition. These works challenge the traditional boundaries of painting by transcending the two-dimensional canvas and interacting directly with the viewer’s surroundings. Physichromies force viewers to engage, becoming active participants in the shifting colors of the optical illusion.

Carlos Cruz-Diez’s Physichromie series left an indelible mark on the art world, redefining the relationship among color, light, and space. His exploration of the ephemeral nature of perception and his innovative use of color as a dynamic, ever-changing element have influenced subsequent generations of artists and have had a lasting impact on the trajectory of contemporary art. The Physichromies push the boundaries of artistic expression as they continue to captivate and engage their viewers.

19

No Lot

20

22

Al Held (American, 1928-2005) Florentine I, 1980 acrylic on canvas signed Al Held and dated (verso) 72 x 60 inches.

Property from an Estate, Cleveland, Ohio

Provenance: The Brett Mitchell Collection, Cleveland, Ohio

Exhibited:  New York, New York, The André Emmerich Gallery, Al Held: New Paintings 1980, November 22 - December 10, 1980, illus.

Literature: Richard Armstrong, Al Held, Rizzoli, New York, 1991, pp. 96, no. 96, illus.

$30,000 - 50,000

Property from a Private Collection

Provenance:

$3,000 - 5,000

25

Valery Yurlov

(Russian, 20th century)

Trinity, 1960 oil on canvas

initialed W.Y. (lower right); signed and titled in Cyrillic, and dated (verso) 29 x 37 1/2 inches.

Property from the Collection of George C. Kaiser, Milwaukee, Wisconsin $3,000 - 5,000

26 Allan D’Arcangelo (American, 1930-1998)

Landscape, 1969 acrylic on canvas

signed Allan D’Arcangelo, inscribed, titled and dated (verso)

76 x 68 inches.

Provenance:

Fischbach Gallery, New York

Inmont Corporation, Hawthorne, New Jersey

Private Collection, acquired from the above in 1978

Sold: Christie’s, September 13, 2006, Lot 209

Private Collection

Sold: Christie’s, September 27, 2019, Lot 197

Private Collection

$8,000 - 12,000

Adolph Gottlieb (American, 1903-1974)

Azimuth, 1965

oil on canvas

signed Adolph Gottlieb, titled and dated (verso) 96 x 144 inches.

Provenance:

The Adolph and Esther Gottlieb Foundation, New York Private Collection, London Pace Gallery, New York

The Collection of Morton and Barbara Mandel, 1993

Sold: Christie’s, December 2, 2020, Lot 118 Private Collection, California Heather James Fine Art, New York

Exhibited:

New York, New York, Marlborough-Gerson Gallery, Adolph Gottlieb: Twelve Paintings, February - March 1966, illus.

Cambridge, Massachusetts, Massachusetts Institute of Technology, Hayden Gallery, Adolph Gottlieb, May - June 1966, illus.

Chicago, Illinois, The Arts Club of Chicago, Recent Works of Adolph Gottlieb, May - June 1967, pp. 1, illus.

Pittsburgh, Pennsylvania, Carnegie Institute, 1967 Pittsburgh International Exhibition, October 1967 - January 1968

New York, Whitney Museum of American Art, Adolph Gottlieb, FebruaryOctober 1968, (also traveled to New York, Solomon R. Guggenheim Museum; Washington D.C., The Corcoran Gallery of Art and Waltham, Rose Art Museum), p. 99, illus.

Washington D.C., The Corcoran Gallery of Art, Adolph Gottlieb: A Retrospective, April 1981 - January 1983 (also traveled to Tampa, The Tampa Museum; Toledo, The Toledo Museum of Art; Austin, The University of Texas at Austin, Archer M. Huntington Art Gallery; Flint, the Flint Institute of Art; Indianapolis, the Indianapolis Museum of Art; Los Angeles, the Los Angeles County Museum of Art; Buffalo, the Albright-Knox Art Gallery and Tel Aviv, The Tel Aviv Museum), p. 142, no. 96, illus.

New York, New York, Knoedler Gallery, Adolph Gottlieb: Horizontal Paintings, January - February, 1988

Palm Desert, California, Heather James Fine Art, Subtle Opulence,September 8, 2021 - March 31, 2022

Palm Desert, California, Heather James Fine Art, First Circle: Circles in Art, February 14 - August 31, 2023

Literature:

Lucy R. Lippard, New York Letter: Off Color (Review), Art International, James Fitzsimmons, Lugano, Switzerland, April 1966, vol. 4, pp. 77, illus.  Andrew Hudson, The 1967 Pittsburgh International, Art International, James Fitzsimmons, Lugano, Switzerland, December 1967, vol. 10, pp. 57, illus.  Jane Margold, He Sees Twin Bill Part of Long Run, Newsday, Melville, New York, February 16, 1968, illus.

You Should Pardon The Expressionism, The Daily News, New York, New York, February 16, 1968, illus.

Lawrence Alloway, Melpomene and Graffiti, Art International, Zürich, Switzerland, Vol. XII, April, 1968

Christopher Andreae, Adolph Gottlieb, The Christian Science Monitor, Boston, Massachusetts, July 23, 1968, illus.  Donn Fry, IMA Hosts Show of Gottlieb Abstracts, The Indianapolis Star, Indianapolis, Indiana, May 16, 1982, illus.

$700,000 - 900,000

Adolph Gottlieb

I just paint from my personal feelings, and my reflexes and instincts. I have to trust these.

Adolph Gottlieb as told to J. Gruen, The Party’s Over Now: Reminiscences of the Fifties, New York, 1967

The term “azimuth” refers to a navigational measurement that indicates the direction of a celestial object from the observer’s position. Adolph Gottlieb’s Azimuth stands as a testament to his artistic innovation and profound contributions to Abstract Expressionism: acting as a bridge between his Burst series and the Pictograph works that would follow, this departure from purely spontaneous gestural abstraction that would become a roadmap for a broader shift towards structure and intention within the entire movement.

Azimuth is a dynamic composition, intimidating in scale yet meditative in execution – the large white canvas is interrupted by a burst of color at its lower center, which is flanked by enigmatic symbols – a juxtaposition of vibrant colors, bold lines, and intricate marks showcase Gottlieb’s mastery. Its title reflects Gottlieb’s invitation to the viewer to navigate through their own experience with the work, fusing abstraction and symbolism in visual narrative as a new direction for the ethos of Abstract Expressionism as it explored its boundaries.

One of the “first generation” of Abstract Expressionists, Gottlieb was born in New York and left school to travel extensively before settling amongst his peers at the Art Students League of New York, Parsons School of Design, Cooper Union, and the Educational Alliance. His early experiments in surrealism -- particularly involving automatic writing and subconscious imagery -- would later manifest themselves in his Pictographs series, spanning until 1950. Though he studied indigenous symbols extensively, he refused to copy or repeat any existing mark, so as not to have the viewer view works referentially. In doing so, Gottlieb created his own visual language, simplifying his representation through his consummate understanding of color theory.

Throughout his career, Gottlieb was featured in 56 solo exhibitions and over 200 group exhibitions and was the first of the Abstract Expressionists to have his work collected by the Museum of Modern Art and the Guggenheim Museum. A pivotal work, Azimuth was frequently included in these exhibitions, most notably as part of the artist’s retrospective (1981-1983) following his death in 1974.

(British, 1908-1998)

Points of Contact 4, 1971

collage, ink and pencil on paper initialed VP and dated (lower right) 25 x 17 1/2 inches.

Property from a Private Collection

Provenance: Marlborough Gallery, London

$6,000 - 8,000

29

initialed P. H. R. and dated (verso) 60 x 60 inches.

Property from the Private Collection of Barbara and Eugene Schwartz, New York, NY

Provenance: Mary Boone Gallery, New York

Exhibited:  New York, New York, Mary Boone Gallery, In Fluent Form, September 10 - October 23, 2004

$3,000 - 5,000

30

31

Theodoros Stamos (Greek/American, 1922-1997)

Olympia Sun-Box, 1967

acrylic on canvas

signed STAMOS, titled and dated (verso) 60 x 48 inches.

Provenance:

André Emmerich Gallery, New York

Private Collection, New York

Vallarino Fine Art, New York

Private Collection, Boston

Sold: Christie’s, December 12, 2018, Lot 17

Hollis Taggart Galleries, New York

Exhibited:

New York, New York, Hollis Taggart Galleries, Theodoros Stamos: Contemplations on the Universal, January - March 2017, pp. 50-51, no. 17, illus.

$40,000 - 60,000

32

Yvonne Thomas (American, 1913-2009)

Half Moon, 1949 casein on paper laid to board signed Yvonne Thomas, titled, dated and inscribed (verso)

49 x 65 inches.

Provenance:

Katharina Rich Perlow Gallery, New York Private Collection, Philadelphia David Findlay Jr. Fine Art, New York

$30,000 - 50,000

33

Melville Price

(American, 1920-1970)

Biomorphic Abstraction , 1946-48  mixed media on heavy wove paper 36 x 24 inches.

$3,000 - 5,000

Lamp and Vase, 1963

oil and paper collage on canvas signed Goldberg and dated (verso) 28 x 30 inches.

Provenance:

The Artist

Martha Jackson Gallery, New York, 1964

Private Collection

Jason McCoy Inc., New York

Exhibited:

New York, New York, Jason McCoy, lnc., Galaxy & Cosmos, December 8, 2010 - January 15, 2011

Southport, Connecticut, Hollis

Taggart, Remix, September 19 - October 17, 2020

New York, New York, Hollis Taggart, Wild and Brilliant: The Martha Jackson Gallery and Post-War

Art, November 18 - December 30, 2021

$10,000 - 15,000

Exhibited:

Angeleki Gallery, New York, B.L. Shrubar, April 18 - 30, 1960, no. 4, illus.

$2,000 - 4,000

36

Dan Christensen (American, 1942-2007)

Xhora, 1981

acrylic on canvas

signed D. Christensen, titled and dated (verso) 79 x 72 inches.

$6,000 - 8,000

Charles Arnoldi (American, b. 1946)

Untitled, 2017 oil on canvas signed Arnoldi and dated (verso) 8 x 6 inches.

Property from the Estate of Morton and Estelle Sosland, Kansas City, Missouri

Provenance: Flowers Gallery, London Acquired from the above in 2017

$3,000 - 5,000

Height: 8 1/4

$5,000 - 7,000

40

Robert Motherwell (American, 1915-1991)

I.H. Series No. 22 (The Basque Suite), 1970 acrylic, ink and lithograph on paper signed Motherwell (upper left) 22 x 17 inches.

Provenance:  The Artist

Gertrude Kasle Gallery, Detroit, MI

Private Collection, acquired from the above in 1970 Taylor and Graham, New York

Vallarino Fine Art, New York

Literature:

Vallarino Fine Art, Abstract Additions: Endless Curiosity, New York, October 2022, pp. 32, illus.

The work is registered with the Dedalus Foundation, no. W325

$50,000 - 70,000

Provenance: Estate of Paul Campagna, Chicago McCormick Gallery, Chicago

Exhibited: Chicago, Illinois, McCormick Gallery, Robert Natkin in Chicago: the 1950s, September 18 - October 31, 2015

$20,000 - 40,000

43

Sam Gilliam (American, 1933-2022)

Barneveld

Property from the Collection of Beverly and Jerome Siegel, New York, NY

Provenance:

Grace Chosy Gallery, Madison, Wisconsin

Acquired from the above by the present owner in 1984

$30,000 - 50,000

45

George Chann

(Chinese/American, 1913-1995)

Untitled,

46

George Chann (Chinese/American, 1913-1995)

Untitled,

Provenance: Acquired directly from the family of the Artist Private Collection, Los Angeles Vallarino Fine Art, New York

$15,000 - 25,000

Provenance: The Collection of Anthony Zhor, Los Angeles Vallarino Fine Art, New York

$15,000 - 25,000

George Chann

Marking a significant chapter in the history of Chinese contemporary art, the works of George Chann (Chinese/ American, 1913-1995) merged familiar ties with modern influences. His oeuvre can be read in two stages: portraits and landscapes prior to 1950, and the dynamic, abstract works that would follow.

Chann’s studies in calligraphy can be seen in his primarily monochromatic yet richly varied layers and textures, forcing his paintings off the canvas and into the third dimension. His use of visual language bridged between both eastern and western styles, combining bold brushwork, vibrant color, and intricate forms to illustrate his intrinsically unique response to and involvement in Abstract Expressionism.

Though selling little of his own work, Chann worked every day at the easel in the back room of his San Francisco shop for 40 years, only posthumously receiving the recognition he was due. It is considering such that we are pleased to present to you in this sale two of his works, Untitled, c. 1960, acquired directly from the artist, and Untitled, c. 1960, acquired from his friend and champion, Anthony Zhor.

Initial

Property from the Private Collection of Barbara

Eugene Schwartz, New York, NY

Provenance:

Gorney, Bravin + Lee, New York

$1,000 - 2,000

50 Paul Jenkins (American, 1923-2012)

Phenomenon Call to Arms, 1981 acrylic on canvas signed Paul Jenkins (lower right); signed, titled and dated (verso) 36 x 24 inches.

$10,000 - 15,000

51 Paul Jenkins (American, 1923-2012)

Phenomenon Sojourner, 1981 acrylic on canvas signed Paul Jenkins (lower right); signed, titled and dated (verso) 78 x 58 inches.

$30,000 - 50,000

52

Paul

Phenomenon

64

$20,000

53

Paul

Phenomenon

36

Provenance:

$20,000 - 30,000

Provenance: Jack

$3,000 - 5,000

Provenance: Rena Bransten Gallery, San Francisco

Literature: Paul Crowther, Phenomenology of the Visual Arts (even the frame), Stanford University Press, Redwood City, California, 2009, pp. 156

$3,000 - 5,000

Untitled, 1966

$5,000 - 7,000

Untitled,

$5,000

61 Arnaldo Roche Rabell (Puerto Rican, 1955-2018)

Provenance:

Gimpel

Robert

$8,000

63

Arshile Gorky (Armenian/American, 1904-1948)

Untitled (Study for Pirate), 1942 ink on paper signed A. Gorky and dated (upper right) 10 1/2 x 13 1/2 inches.

Property from a Private Collection

Provenance: The Artist Serge and Barbara Chermayeff, New York, 1942-1946

Marlborough-Gerson Gallery, New York

Richard L. Feigen & Co., New York

The Collection of the Stare Family, purchased from the above, 1970 Hirschl & Adler Galleries, New York  Nancy Singer, Clayton, Missouri

Exhibited:

Chicago, Illinois, Museum of Contemporary Art, Twentieth-Century Drawings from Chicago Collections, September 15 -November 11, 1973 (as Untitled)

This work is recorded in the Arshile Gorky catalogue raisonné under entry no. D0921, as Untitled

$80,000 - 120,000

Arshile Gorky

Abstraction allows man to see with his mind what he cannot see physically with his eyes....Abstract art enables the artist to perceive beyond the tangible, to extract the infinite out of the finite. It is the emancipation of the mind. It is an exploration into unknown areas

-- Arshile Gorky, (Armenian/American, 1904-1948)

The Old Pirate, as described by Arshile Gorky to his gallerist, Julien Levy, was a mongrel dog who frequently traipsed into his yard. His crossings (and likely haggard looks) earned him his nickname. The problem with this, Levy would later note, was that at the time Gorky had no yard, nor any neighbors with dogs. The Pirate in question was then most likely a visitor of the farm belonging to Saul Schary in New Milford, Connecticut, where Gorky would spend several weeks at the end of 1942 and experience a major stylistic redirection evident throughout the remainder of his career.

Indeed, there is a dog. Untitled (Study for the Pirate), 1942, features a wide-headed creature, all snarls and quizzical eyebrows, that would appear slightly camouflaged in the ensuing finished painting, The Pirate, and then appear again later in its companion work, an even more colorfully lucid The Pirate II

Gorky, born Vosdanik Adoian in the village of Khorkom, Armenia, suffered ethnic persecution following the Turkish invasion and fled to Russian-occupied territory. His mother died in front of him from starvation on a march in 1919. A year later, at sixteen, Gorky emigrated to the United States, though the loss and trauma he experienced in his formative years would critically influence him as an artist and human.

In reinventing his identity, Gorky changed his name, claiming to be a Georgian noble and becoming increasingly vague about his year of birth. He was heavily influenced by the likes of Picasso, Cézanne, Matta, Léger, and Miró -- enough to be teased about the similarities in his work -- before finally arriving at his own signature style, a true master of reinvention in all senses. He gained the approval of André Breton, the self-appointed Father of Surrealism, and began spending time in rural Connecticut where he explored childhood memories and organic themes of camouflage and concealment. These new works contained mythical motifs, free-floating, loose biomorphic forms both anatomical and floral – and a frequent visitor, a certain old mongrel Pirate.

The connection to Breton gave him the opportunity to obtain a contract with Julien Levy, who would remain his gallerist until Gorky’s untimely death. His work would come to be collected by notable institutions such as the Whitney Museum of American Art, the Museum of Modern Art, Joseph H. Hirshhorn and Peggy Guggenheim, among others.

After a brutal series of personal tragedies, Gorky died by suicide in 1948. His contributions to the art world and visual communication are difficult to overestimate. Though Gorky has been called the last Surrealist and first Abstract Expressionist, the sketches he prepared for his paintings were evidence of careful planning and a lack of spontaneous automatism that would have barred his true entry into either group. Instead, Gorky’s works sit somewhere in between, narrative and sensitive, careful in their honesty and evolving from an entirely new language of his own invention.

64

Antoni Clavé (Spanish, 1913-2005)

Fruits (No. 4), 1958 oil on canvas signed Clavé and dated (lower right); signed, titled and dated (verso) 20 x 25 3/4 inches.

Property from the Private Collection of Miroslav Klabal

Provenance:

Sala Gaspar, Barcelona, Spain

$5,000 - 7,000

66

Cleve

Considering All Possible Worlds #12, 1991 acrylic on canvas signed Gray, titled and dated (verso) 48 x 80 inches.

Provenance:

Berry-Hill Galleries, New York Stein Bartlow Gallery, Chicago

$10,000 - 15,000

67 No Lot

70 Gladys Nilsson (American, b. 1940) Platform Dancers, c. 1967 watercolor on paper signed Gladys Nilsson and titled (verso) 11 x 15 inches.

Provenance: J. Rosenthal Fine Art, Chicago

$8,000 - 12,000

69 Joseph Cornell (American, 1903-1972)

Untitled, c. 1932-40 printed paper on cardboard box and metal fragments 5/8 x 1 1/2 x 1 1/2 inches.

Provenance:

Acquired directly from the Artist by Helen Cornell

Jagger, New York circa 1965

Private Collection

Thence by descent from the above circa 1998

Sold: Christie’s, New York, 20 July 2017, Lot 367

Acquired from the above sale by the present owner

$3,000 - 5,000

Provenance:

Roberto Matta (Chilean, 1911-2002)

Untitled, 1959 oil on canvas 31 1/4 x 43 inches.

Provenance:

Mathias Fels Gallery, Paris

Private Collection

Sold: Sotheby’s New York, November 21, 2017, Lot 80

Acquired from the above by the present owner $70,000 - 90,000

Provenance:

74 Richard Hunt (American, b. 1935) Untitled, 1958 welded steel incised R. Hunt and dated Height: 72 inches.

Property from a Private Collection

Provenance: B.C. Holland Gallery, Chicago

$50,000 - 70,000

$8,000 - 12,000

75 Richard Hunt (American, b. 1935)

Crescent Hybrid, 1971 cast bronze

Height: 60 inches.

Property from a Private Collection

Provenance: B.C. Holland Gallery, Chicago

$20,000 - 30,000

75A

Richard Hunt (American, b. 1935)

Untitled welded chromed steel Height: 23 1/2 inches.

$8,000 - 12,000

76 Roger Brown (American, 1943-1997) Jack and the Beanstalk, 1982 oil on canvas 96 x 72 inches.

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance: John Berggruen Gallery, San Francisco Acquired from above by the present owner, 1983

Exhibited: Cleveland, Ohio, Cleveland Center for Contemporary Art, Contemporary Art from Cleveland Collections Selected Works from the Past Decade, February 24March 26, 1988

$50,000 - 70,000

77

Gertrude Abercrombie (American, 1909-1977)

John Carradine remembered from “Man Hunt,” 1941 oil on canvas signed Abercrombie and dated (lower left) 19 1/2 x 16 inches.

Property from the Family Collection of Marion Edwards, Saint Augustine, Florida

We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.

Provenance: The Artist

Marion (Edwards) Andreas, Chicago, acquired from the above Gifted to the present owner by the above, c. 1974

Exhibited:

Kalamazoo, Michigan, Kalamazoo Art Institute, 1943

Milwaukee, Wisconsin, Milwaukee Art Institute, 1944

Chicago, Illinois, Art Institute of Chicago, Gertrude Abercrombie and Harold Noecker, May 11 - June 18, 1944

Chicago, Illinois, Marshall Field and Company, 1944

Chicago, Illinois, Hyde Park Art Center, Gertrude Abercrombie, A Retrospective Exhibition, January 28 - March 5, 1977, no. 26

$100,000 - 150,000

Gertrude Abercrombie

An unusual subject in Gertrude Abercrombie’s oeuvre, John Carradine remembered from “Man Hunt, ” displays the artist’s admiration for the actor John Carradine in this homage to the 1941 film Man Hunt, set in 1939. Carradine plays an agent (Mr. Jones), who is tasked with capturing an English citizen accused of attempting to assassinate Hitler, at a time when the British were desperately trying to avoid another war by appeasing the Nazis. The film was controversial for its overt anti-Nazi position in the United States prior to its involvement in World War II.

This painting, which is set against an austere landscape and a rapidly receding road, is centered on a large man who represents Carradine in his role as Mr. Jones. Abercrombie must have found this film, and John Carradine, compelling, to have made the painting such a short time after seeing it. In the 1930s, early in her career, she did many portraits, primarily of friends (many of them artists and writers), along with a few commissions. By the 1940s, she had achieved some success as an artist and had developed her signature style, incorporating objects of personal significance into landscapes, still lifes, and her unique interiors. Very few images of humans, aside from herself, appear in paintings from this time on, apart from a few commissioned portraits, an occasional image of Abe Lincoln, one or two appearances of each of her two husbands, and the figure in John Carradine remembered from “Man Hunt.” However, this is not the only image of Carradine that Abercrombie painted. In about 1942, she painted a much smaller (6 x 4 inches) version of the present scene on Masonite, titled Man Hunt. This painting was exhibited in her 1946 solo exhibition at Associated American Artists in New York and subsequently sold to an impressive trio of East Coast collectors, including Mrs. Oscar Hammerstein II.

Man in a Hat, c. 1933, an unusually large (17 x 22 1/2 inches) painting for Abercrombie may help shed some light on both Man Hunt and John Carradine remembered from “Man Hunt.” This painting remained in the artist’s possession until her death (the current location is unknown) either indicating it had some personal meaning to her or that it was not salable. The subject of this painting is a half-length man facing forward, dressed in suit and tie, and wearing a wide brimmed fedora. The image is done in an expressionist style, with shape and size distortions that lend the composition an energy that animates the stony-faced figure. The loose, visible brushstrokes in both the figure and the background also enliven the composition. This figure has an experimental quality that is characteristic of the artist’s early work and is executed in a style that does not make many appearances in her more mature paintings. The feature that is most interesting when considering John Carradine remembered from “Man Hunt” and Man Hunt, however, is the man’s features: his thin, angular, and elongated face takes up fully one third of the total height of the canvas. More than that, he is a clear match for a young John Carradine, whose very long thin face lends itself to stylization. Comparing this portrait to photographs of Carradine makes a strong argument for its identification with the actor. While both Man Hunt and John Carradine remembered from “Man Hunt” are stylistically very different from Man in a Hat, they do appear to depict the same person and may indicate an early fascination with the actor on the artist’s part.

John Carradine remembered from “Man Hunt” is painted in Abercrombie’s later, more mature style. The composition, like most of the artist’s work, is simple and unadorned, the background made up of several dark color areas. The large, streamlined figure is clothed in a black coat, pants, shoes, tie, and hat that hide the human body underneath. In the film, Carradine wore a black coat and hat and carried a walking stick like the one in the painting. Highlighted by the visible triangle of his white shirt and his white gloves, the generalized, billowy shape of the figure gives the impression of motion. The large body culminates in a small head and tiny feet, a distortion that amplifies this feeling. The elongated neck and face of the figure, although not portraitlike, convey the essential Carradine. The beautifully composed artwork, balanced both in space and surface, reveals Abercrombie’s artistic skill. The man occupies the center of the painting, his extended left leg echoed in form by the elegant cane in his right hand. The V shape of the visible part of his shirt is repeated in the head, the crease in the top of the hat, and in reverse in the shape between the pant legs, as well as the end of the receding road.

This painting offers some of the mystery seen so often in the artist’s mature works and offers a rare example of a portrait of a person who was not a friend or acquaintance. Carradine, often cast as a villain, embodies the ambiguity that is characteristic of the best art. The film, and the actor, certainly meant something to Abercrombie, who asserted that, “It is always myself that I paint,” even when she herself is not present in the work. John Carradine remembered from “Man Hunt” is a striking painting, unique and mesmerizing, and is an outstanding example of the artist’s oeuvre.

Gertrude Abercrombie (American, 1909-1977)

Lady

Black Braid, 1960

Property from the Private Collection of Cindy Peterson of Geneva, Illinois

We are grateful for the research conducted by Susan Weininger, Professor Emerita, Roosevelt University.

Provenance:

The Artist

Devorah Sherman Gallery, Chicago Mrs. S.B. Seno, Park Ridge, Illinois, purchased from the above, 1961 Thence by descent to the present owner

Exhibited:

Chicago, Illinois, Devorah Sherman Gallery, October 4 - 31, 1960, no. 6

$60,000 - 80,000

Gertrude Abercrombie

An image of a woman in an austere room, Lady with Black Braid is typical of Gertrude Abercrombie’s style and subject matter. The room is empty of anything except the lone figure and a black cat seated on a round, marble-topped Victorian table, a small ball on the floor between them. The simplified and flattened figure in a long dress, as well as the cat, ball, and table, make frequent appearances in the artist’s oeuvre, but never in the same configurations. Likewise, the brilliant turquoise of the dress is one of Abercrombie’s iconic colors.

A feature of Abercrombie’s work from the late 1930s, the spare room is a psychic self-portrait that reflects her loneliness and self-doubt, despite her outward confidence. In this painting, the room is not defined by a corner, a door, or a window, but simplified to a flat background and floor of a contrasting color. The subtlety of the color and the asceticism of the composition underscore the powerful connection between the woman and the cat, with whom she communicates through a typical hand gesture.

The artist has used color to connect the elements of the artwork, from the brilliant dress of the woman; to the beautifully rendered ball on the floor; to the veins of the marble topping the table on which the cat sits. The cat’s eyes not only pick up the blue of the dominant color but also echo the shape of the woman’s as well. Additionally, the woman’s black braid and the extended, curved tail of the black cat resonate with each other, as does the cat’s tail and the shape of the base of the Victorian table. These elegant and subtle connections complicate the ostensible simplicity of the composition.

Abercrombie’s use of these stylistic features underscores the spiritual connection between the cat and the woman, something we know she felt strongly in her own life. The mystery of their communication is what draws the viewer to the painting and lends a surreal quality to the work. The transformation of a seemingly mundane scene into an enigmatic and mesmerizing drama is the artist’s forte, and beautifully achieved in the present painting.

79

81

Donald Roller Wilson (American, b. 1938)

Judy...Thinking, 1990 oil on panel signed Donald Rolled Wilson and dated (upper left); titled (upper right) 4 1/4 x 5 1/2 inches.

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance:

Coe Kerr Gallery, New York

Acquired from the above by the present owner, 1990

$2,000 - 4,000

82

Donald Roller Wilson (American, b. 1938)

Helen (The Naughty One) Wins Miss Dog America, 1987 oil on canvas signed Donald Roller Wilson and dated (upper left); titled (center) 12 1/2 x 11 inches.

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance:

Coe Kerr Gallery, New York

Acquired from the above by the present owner, 1987

Literature:

Peter Frank, Roller: The Paintings of Donald Roller Wilson, Chronicle Books, New York and San Francisco, October 1988, no. 105

Exhibited:

Cleveland, Ohio, Cleveland Center for Contemporary Art, Contemporary Art from Cleveland Collections Selected Works from the Past Decade, February 24 - March 26, 1988

Little Rock, Arkansas, the Arkansas Art Center and the Mid-America Arts Alliance, Roller: The Paintings of Donald Roller Wilson, August 15 1988

- October 1, 1989 (also traveled to Nashville, Tennessee, The Fine Arts Center; Oklahoma City, the Oklahoma Art Center; Huntsville, Alabama, the Huntsville Museum of Art and Corpus Christi, Texas, the Art Museum of South Texas)

$5,000 - 7,000

83 Tom Uttech (American, b. 1942)

Akilahauk Mountain, 1988

oil on canvas

signed Tom Uttech, titled and dated (verso) 35 x 69 inches.

Property from the Private Collection of Keith Struve, Chicago, Illinois

Provenance:

Schmidt Bingham Gallery, New York Struve Gallery, Chicago

$20,000 - 40,000

84A

David Klamen (American, b. 1961)

Untitled, 2000 oil on linen

signed KLAMEN and dated (verso) 32 x 48 inches.

Provenance: Richard Gray Gallery, Chicago

$5,000 - 7,000

Burning

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance:

Frumkin/Adams Gallery, Chicago and New York

Acquired from the above by the present owner, 1992

Exhibited:

New York, New York, Frumkin/Adams Gallery, James Valerio: New Paintings and Drawings, October 25 - November 20, 1991, illus.

Iowa City, Iowa, The University of Iowa Museum of Art, Paintings by James Valerio, January 22 - March 3, 1994

$6,000 - 8,000

86

Jose Alvarez (D.O.P.A.) (American/Venezuelan, b. 1961)

Constantly Expanding #2 (The Damask Rose Remix), 2008 ink, enamel, crystals, mica, porcupine quills, feathers, organdy, and paper collage on board signed Jose Alvarez and dated (lower right) 48 x 72 inches.

Provenance:

Gavlak Projects, West Palm Beach, Florida

Acquired from the above in 2008

$50,000 - 70,000

Jose Alvarez (D.O.P.A.)

Bursting with kaleidoscopes of dizzying color and swirling forms, performance and visual artist Jose Alvarez (D.O.P.A.) (b. 1961) encourages the viewer to step closer and get lost into his hallucinogenic visions.

The Venezuelan artist, born Deyvi Orangel Peña Arteaga—with the first letter of each name becoming D.O.P.A—immigrated to the United States when he was only 24. He has performed or exhibited at several institutions such as Whitney Museum in New York, The Norton Museum of Art in West Palm Beach, and the Kemper Art Museum in Kansas City. Many of his works comment on socio-political issues, particularly in his native Venezuela, such as his most recent solo show at GAVLAK Palm Beach: Jose Alvarez (D.O.P.A.): Elegy for the Venezuelan Exile in 2022. Nevertheless, without words, figures, or references specific to one culture, this work, Constantly Expanding #2 (The Damask Rose Remix) (2008), is purposefully universal in its impact.

Alvarez uses media and references that are common among various world-wide rituals such as porcupine quills, crystals, and feathers to act as shaman—putting the viewer into a trace. Featuring a micacoated board that provides a sheen to the entire surface, the work thus enacts a different, performative experience upon each review. The horizontal orientation of the smoothly transitioning color palette of vibrant reds and yellow tempered with cooling purples contrasts with the vertical flow of the psychedelic shapes and swirls that stream down the work’s surface. These linear dances—order within the chaos—interact with the mica-shimmering surface to create the impression of constant falling—an illusion of gently raining forms that capture the viewer.

87 Anton Henning (German, b. 1964)

Interieur No. 237, c. 1999-2004

oil on canvas

initialed AH and dated (upper and lower right and left); initialed, titled and dated (verso) 86 1/2 x 98 3/4 inches.

Provenance: Arndt & Partner, Berlin

Sold: Phillips, London, October 17, 2009, Lot 259

$15,000 - 25,000

88 Heide Trepanier (American, b. 1969)

The Bride, 2004 enamel on canvas on board signed Heide Trepanier, titled and dated (verso) 58

Property from the Private Collection of Barbara and Eugene Schwartz, New York, NY

Provenance:

Stux Gallery, New York

Exhibited:

New York, New York, Stux Gallery, Heide Trepanier: New Paintings, February 24 - March 26, 2005

$1,000 - 2,000

89

Franz Ackermann (German, b. 1963)

Helicopter XIX (the morning), 2001 oil on canvas

signed Franz Ackermann and dated (verso) 109 1/5 x 113 1/8 inches.

Provenance:

Jack Tilton Gallery, New York Acquired from the  above by a Private Collection, Miami in 2002

$30,000 - 50,000

Franz Ackerman

Franz Ackermann (German, b. 1963), one of the foremost German artists of his generation, produces paintings, prints, and installations reflecting the social changes of globalization and cultural homogenization. Expressions of modern urbanity and the cheapness of commodified tourism, Ackermann creates fantastical spatial perspectives, frequently larger than life. We are pleased to present to you in this sale No One (2001), an installation work in four distinct lots, which inherently and exquisitely exhibits Ackermann’s focus on visual expression of modernity.

Each component of No One reflects, teaches and swallows its audience, in a manner reminiscent of Ackermannn’s efforts in Mental Maps, a series combining the factual accuracy of traditional street maps with a personal interpretation of each environment.

Untitled (dawn) and Helicopter XIX (the morning) are expansive works on canvas, colorfully disorienting and sharply geometric. As soon as a scene begins to become recognizable, the whole image seems to shift kaleidoscopically. A large sepia photograph, Untitled, becomes deeply intimate with the addition of a draped t-shirt and image of a couple embracing, making the viewer feel as though they are a surprise visitor to an unkempt bedroom. The work is sharply contrasted with Billboard II (no one), a Lichtenstein-esque construction with a swirling pattern in black and white, the verso of which is pasted with Italian political posters and ephemera, dropping the viewer onto a busy city street.

Each element of No One is an architectural, metropolitan, and vaguely ominous reflection of Ackermann’s travels and the outside world, as he takes the viewer alongside him through this intensely personal journey.

90 Franz Ackermann (German, b. 1963) Untitled (dawn), 2001  oil on canvas signed Franz Ackermann and dated (verso) 136 1/2 x 109 1/5 inches.

Provenance:

Jack Tilton Gallery, New York Acquired from the  above by a Private Collection, Miami in 2002

$30,000 - 50,000

91

Franz Ackermann (German, b. 1963)

Billboard II (no one), 2001 wood and metal signed Ackermann and dated (verso) 117 x 234 inches.

Provenance:

Jack Tilton Gallery, New York Acquired from the above by a Private Collection, Miami in 2002

$40,000 - 60,000

Juliy Vedernikov

95

Vassili Yakovlevich (Vasily) Sitnikov (Russian, 1915-1987)

Monastery in Winter, 1974-75 oil on canvas

signed in Cyrillic and dated (lower left); signed in Cyrillic (lower right); signed in Cyrillic and dated (verso)

48 x 32 inches.

Property from the Collection of George C. Kaiser, Milwaukee, Wisconsin

$50,000 - 70,000

Vasily Sitnikov

The theme of monasteries in snow would be one that Soviet Nonconformist artist Vassili Yakovlevich (Vasily) Sitnikov (1915-1987) would return to often and which proved to be particularly popular. This example, from 1974, with the masterly application of a limited color palette of whites, blues, and grays, with a judicious use of pale yellow and red, define the very Russian subject, with the monastery’s onion domes and scattered citizens in the foreground, including a knot of children, dressed in twentieth-century winter gear. The flat treatment of the scene, smoothing out the perspective of the monastery to less of a building and more of a wall, and, with the cut-out nature of the figures, lends the impression of a stage set, with the entirety of the scene obfuscated through the fastidiously and beautifully applied snowflake curtain.

The flatness and the scale of monastery to the inhabitants in the foreground thematically would have the potential of being imposing, a cold and unforgiving environment in the snow; yet, Sitnikov’s treatment actually relays the opposite through his comforting pale, cool, lustrous tones and the complete ease through which his inhabitants amble through the snow: a parent and child hand-in-hand, neighbors stopping for a chat. The monastery becomes an ideal—an atmospheric, traditional Russian environment peopled by Russians at peace. Sitnikov’s wistful treatment is perhaps not surprising given his tumultuous life and relation to the Soviet government.

In 1934, Stalin defined his expectations for Soviet art, Social Realism—a propagandistic style extoling the virtues of humble Russians depicted in warm, glowing tones—of Stalin walking through a sun-drenched meadow, surrounded by adoring children. Meanwhile, modern, more avant-garde styles such as abstraction were suspect and increasingly criminal. Sitnikov was arrested in 1941 and was later institutionalized in a mental hospital. Later in his life, once released and, amid socio-political shifts like the Thaw that permitted a greater variety of artistic expression, Sitnikov fulfilled a life-long interest in teaching, while also propagating his style as well as his own personal mythology. His wife, Lidia Krokhina, was a student of his, and she also signed this painting as a collaborator. A year after this work’s completion, in 1975, Sitnikov would leave Russia for Austria for five years, before emigrating to the United States in 1980, living in New York for the remainder of his life. It is through such scenes as this that encapsulate his oeuvre—of the intersection of Russian tradition and modern painting.

Andy Warhol (American, 1928-1987)

U.S.S.R.

Property from the Collection of Glen de Vries

Provenance: The Andy Warhol Foundation for the Visual Arts

$50,000 - 70,000

Provenance: Heath Gallery, Atlanta

$8,000 - 12,000

98

James

Summer Songs, 1986 oil

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance: Allan Frumkin Gallery, Chicago and New York

Exhibited:

New York, New York, Allan Frumkin Gallery, James Valerio: New Paintings and Drawings, April 7 - 30, 1987, illus.

Cleveland, Ohio, The Cleveland Museum of Art, Cleveland Collects Contemporary Art, November 8, 1998 - January 10, 1999, pp. 24

$8,000 - 12,000

100 James Valerio (American, b. 1938)

Two Models on Studio Floor, 1998 oil on canvas 90 x 100 inches.

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance: George Adams Gallery, New York

Acquired from the above by the present owner, 2007

Exhibited:

New York, New York, George Adams Gallery, James Valerio: Selected Paintings and Drawings, 1974 - 1998, April 2 - May 15, 1999, no. 3, illus. (as Two Nudes on Studio Floor) New York, New York, George Adams Gallery, James Valerio: Paintings 1993 - 2003, April - May, 2003, pp. 18, illus.

Literature:

Suzaan Boettger, James Valerio at George Adams, Art in America, New York, December, 1999, pp. 113, illus.

$8,000 - 12,000

99

James Valerio (American, b. 1938)

Study

Property from the Phyllis Seltzer Trust, Cleveland, Ohio

Provenance: Allan Frumkin Gallery, Chicago and New York

Acquired from the above by the present owner, 1985

Exhibited:

New York, New York, Allan Frumkin Gallery, James Valerio: New Paintings and Drawings, 1983, cover illus. New York, New York, the American Academy and Institute of Arts and Letters, Childe Hassam Purchase Exhibition, 1984

Baltimore, Maryland, the Maryland Institute, College of Art, Drawings by Contemporary Artists, 1984

Allentown, Pennsylvania, the Allentown Art Museum, The Artist’s Studio in American Painting, 1840 - 1983, 1984, no. 61, illus.

New York, New York, Allan Frumkin Gallery, The Studio, 1984, illus.

Literature:

John Arthur, Realists at Work, Watson-Guptill Publications, New York, 1983, pp. 138, no. 1, illus.

$4,000 - 6,000

101

Philip

Pearlstein

Provenance:

Allan Frumkin Gallery, New York

Mrs. Rosanne Diamond Zinn, Atlanta, Georgia

Exhibited:

New York, New York, Betty Cunningham Gallery, Summer Exhibition, July 11 - August 4, 2017

Paris, France, Galerie Templon, Philip Pearlstein: At 95, May 25 - July 20, 2019

Literature:

Russell Bowman, Philip Pearlstein: The Complete Paintings, Alpine Fine Arts Collection, New York, 1983, pp. 359, no. 496, illus.

Mark Strand, Art of the Real: Nine American Figurative Painters, Crown Publishers, New York, 1983, pp. 106, illus.

John S. Bowman, Pearlstein, Philip, The Cambridge Dictionary of American Biography, The Cambridge University Press, Cambridge, England, 1995, pp. 562

$60,000 - 80,000

102

Yiannis Tsarouchis (Greek, 1910-1989)

Untitled (Seated Man), c. 1953-54 oil on canvas signed in Cyrillic (lower center) and dated (lower right) 11 x 14 inches.

Provenance: The Artist Alexander Iolas Gallery, New York (as Seated Nude - Red Bed)  Private Collection

Exhibited: Venice, Italy, XXIX Esposizione Biennale Internazionale d’Arte, June 14October 19, 1958, no. 181

$30,000 - 50,000

The Male Gaze: Yannis Tsarouchis and Alexander Iolas

Yannis Tsarouchis (Greek, 1910-1989), in spite of his major contributions to 20th century art, died in exile and remains relatively unknown outside of Greece. Tsarouchis was born in idyllic Piraeus before studying at the Athens School of Fine Arts, working in theater and costume and set design. With ties to Matisse and Giacometti, he, alongside his Grecian contemporaries, has been credited with the introduction of a sharply contrasted color palette in the modernization of contemporary painting.

Deeply influenced by his country’s rich history and classical heritage, Tsarouchis intertwined mythology with modernity in his vividly colored figurative works, of which Untitled (Seated Man), c. 1953-54, is a stunning example. Lyrically and emotionally colored, Tsarouchis’ homoerotic paintings challenged societal norms in their honestly and profound understanding of intimacy. His works reflect homosexual desire in a sexually inhibited society, his muses disarming in their steadfast gazes was, perhaps, this directness that attracted his dealer, the legendary Alexander Iolas.

Tsarouchis’ work reflects the profound social and societal cultural shifts in Greece during the 1950s, but it was his dealer, Iolas, a pillar of modern art in his own right, who is responsible for disseminating Tsarouchis’ work to a wide audience.

Born into a wealthy family as Konstantinos Koutsidis, Iolas was described as “Greece’s greatest art collector,”-- his pseudonym a reference to Iollas, a friend of Alexander the Great who likely poisoned him. The name change was at the urging of Theodora Roosevelt (the president’s granddaughter), a lover whom Iolas met while training as a professional dancer at the Metropolitan Opera of New York. Shifting from performance to visual art following a debilitating injury, he entered a collaboration with the Hugo Gallery in 1946 with the help of Elizabeth Arden, showing the first U.S. exhibitions of works by Max Ernst (1946), Rene Magritte (1947), and Andy Warhol (1952). He took over sole proprietorship in 1952, renaming the establishment the Iolas Gallery. Iolas expanded both his roster and presence quickly, adding names like Klein, Raynaud, Oppenheim, Wols, Matta, and a staunch retinue of up-and-coming Greek artists – alongside new galleries in Geneva, Paris, Milan, Zurich, and Rome, with their accompanying catalogues authored by André Breton and Pierre Restany.

Iolas was hierophantic, good looking, and charismatic, amassing a large personal collection of artworks. The Greek press, however, could not forgive the fact that Iolas was openly gay, and he became a persona non grata with various disparaging assignations. He succumbed to the AIDS epidemic in 1987, with his extensive art collection falling victim to extensive vandalism and looting throughout the years.

Iolas’ promotion of Tsarouchis’ work was pivotal to the artist’s career, and acknowledgement of the beauty in their shared identity. Tsarouchis’ work was, in turn, unflinching in its honesty, albeit for a world unready to accept its truth.

105 Wayne Thiebaud (American, 1920-2021) Avocado Salad, 1962 oil on prepared canvas signed Thiebaud and dated (lower right) 20 x 28 inches.

Property from the Estate of Morton and Estelle Sosland, Kansas City, Missouri

Provenance: The Museum of Modern Art, Art Lending Service, New York  Lent to the above by Allan Stone Galleries, Inc., New York Acquired from the above by Mr. and Mrs. Sosland in 1968 (or before)

Exhibited:

Pasadena, California, The Pasadena Art Museum, Wayne Thiebaud, February 13 -March,1968; Minneapolis, Minnesota, The Walker Art Center, April 1 - May 5, 1968; San Francisco, California, The San Francisco Museum of Art, May 23 - June 23, 1968; Cincinnati, Ohio, Cincinnati Contemporary Art Center, July 8 - August 11, 1968; Salt Lake City, Utah, Utah Museum of Fine Art at the University of Utah, Salt Lake City, September 22 - October 27, 1968, cat. no. 9

$1,200,000 - 1,800,000

Wayne Thiebaud and the Taste for Avocados

Though touching on a wide variety of quintessentially American subject matter throughout his career—landscapes and cityscapes of his local California, portraits, lipstick containers, and paint cans—most emblematic of the works by Wayne Thiebaud (1920-2021) are his still lifes of foodstuffs. Rows and rows of gleaming pies and cakes in diner cases, jewellike gumballs, sumptuous taffy apples and ice creams, frozen on canvas right on the precipice of beginning to melt in the warm pastel light, Thiebaud was an expert at creating a vision of a food somehow more transcendent and temping than the real thing. Avocado Salad (1962) is no exception. Pulling from advertising and his lived experience, Thiebaud was able to create the contained, lush scene through highlighting a subject that, though a ubiquitous cultural presence today, was a relatively new phenomenon to his audience of white middleclass America at the time—the avocado.

Born in Arizona in 1920, Thiebaud was long interested in the art of American popular culture, working for a stint in Disney’s Animation department at 16, as a layout designer and cartoonist based in adverting, and as an exhibit designer for the California State Fair and Exposition’s annual art exhibition in Sacramento, while also working on his own practice. He began work as a teaching artist in 1951, shifting from Sacramento Junior College (now Sacramento City College) to the University of California, Davis in 1960, from which he received a grant to travel to New York in the summer of 1961, where he would mix with local artists who would influence him greatly—Franz Kline, Jasper Johns, the de Koonings, among others— and also meet Allan Stone, his future gallerist who would become a life-long friend and champion for the artist’s work on the east coast, including through the use of the Museum of Modern Art’s Art Lending Service, as described below.

Based on his friendships with artists associated with the burgeoning Pop movement out east and his use of boldly colored quotidian objects plucked from mass culture, Thiebaud has often been defined as a Pop artist. However, scholars have rejected this identification based on the difference in Thiebaud’s goals and stylization. While Pop artists were known

for seeking to deemphasize the artist’s hand in the work—more closely aping the coldly unemotional mechanized sameness of mass-produced imagery often pulled from advertising, Thiebaud, while still using some of the same source material, emphasized his presence and opinion wherever possible. As noted by scholar and curator Scott A. Shields:

“While Warhol seems not to have liked soup, Thiebaud certainly enjoys his pie. This should not imply that Thiebaud’s paintings do not comment on consumerism and the isolation that one can feel even in an oversaturated world. They do. And yet, in their care and undeniable reverence for painting, they are also celebratory, validating art, the role of the artist, and the delicious idiosyncrasies of contemporary life.”

This joy and consideration is apparent in Avocado Salad where a bowl of judiciously arranged tomato and avocado slices and hard-boiled eggs encircle a halved avocado crowning interspersed lettuce leaves. The immediate impression of the uniform teal background dotted with vibrant circles of yellow yolks, bold red tomato slices, and pale green avocado gives way to a cornucopia of colors at closer inspection—delightful surprises of lush swathes of pink, blues, and oranges. Without blending these colors in space, they are juxtaposed in heavy impasto—an unavoidable announcement of the artist’s hand in the work— to form the harmonious whole. Thiebaud relies on strong geometries—only the wisps of lettuce offer organic shapes among the ovals and triangles and half-moons. Some of these forms are so abstracted that the viewer must rely on cultural cues to know what is being represented.

To the contemporary viewer, for whom the avocado is deeply entrenched in the Western cultural vocabulary—a symbol of indulgent, temporal experiences, of weekend brunches with Instagram-perfect plates of avocado-shingled toasts or a guacamole surcharge at a favorite Mexican spot—the avocado salad is an obvious choice. Yet, for Thiebaud, at the time of this composition, the avocado would have had a very different cultural role in America as an odder locality of California and the west coast.

The California avocado was a twentieth-century phenomenon: as California land speculation in the early 1900s took off, more and more growers would pounce on avocados as an economic opportunity. However, these growers were faced with a problem: how to sell middle-class America on the avocado—a rarely used fruit outside of Latin American cuisine. The California Avocado Society, formed in 1915, which would become Calavo in 1924, was a cooperative organization premised on marketing the avocado—and, very specifically, the California Avocado—to Americans. Calavo’s main tactic to introduce the fruit to the wider market was to bill it as a luxury—the “aristocrat of salad fruits,” while also downplaying its roots in ethnic culture through advertisements in women’s magazines and in recipe books, working to make it more palpable in the American mass culture of Thiebaud’s hot dogs and diner pies.

However, for all their efforts, by the 1960s Calavo had mostly found success only in California and other parts of the west as a popular regional food, causing avocado growers to shift the marketing arm of Calavo to a new organization, the California Avocado Advisory Board, in 1961, injecting new money and energy into avocado marketing in the year before Thiebaud’s composition.

The images in these advertisements, of simple geometries colored in blocks of yellow and green or salad bowl ovals tilted forward to reveal their lush avocado-decked contents within, often oriented higher on the page than center so that text can be added beneath, ring familiar—to the twenty-first-century viewer— in Avocado Salad. However, lest the east coast public not feel quite the same way in their avocado enthusiasm, Allan Stone took advantage of a fascinating program: the Art Lending Service (ALS) by the Museum of Modern Art to market the painting.

Begun in 1957, ALS was a program working in cooperation with about 60 galleries that allowed members of the public—so long as they were also museum members—to rent works of art for two-to-three-month periods, with the option to buy, with the idea that actually allowing patrons to experience artworks on their walls would galvanize sales in a way denied by the more sterile gallery space. The program included works by artists like Alexander Calder and Joan Miró for prices now staggering. Allan Stone lent Avocado Salad shortly after it was painted. It was $35 for a two-month rental and $52 for three months, with a purchase price of $750 less rental fees already spent.

At such a steal during this period of Thiebaud’s early popularity in the 1960s, some might have dismissed Avocado Salad’s subject matter. But, in describing his selection of everyday sights in his paintings while citing other artists’ waffling in their choice of still life subject for fear of selecting the banal, Thiebaud explained:

“We are hesitant to make our own life special…set our still lifes aside…applaud or criticize what is especially us. We don’t want our still lifes to tattle on us. But some years from now our foodstuffs, our pots, our dress, and our ideas will be quite different. So if we sentimentalize or adopt a posture more polite than our own we are not having a real look at ourselves for what we are. My interest in painting is traditional and modest in its aim. I hope that it may allow us to see ourselves looking at ourselves.”

In his embrace of the then humble avocado, Thiebaud was able to show a fixture of his own lived experience in California in 1962, enhancing it from a spirited advertising campaign through bright colors and personalized abstraction with thick, sumptuous brushstrokes into a work dazzling for all.

Jeffrey Charles, “Searching for Gold in Guacamole: California Growers Market the Avocado, 1910-1994,” in Food Nations: Selling Taste in Consumer Societies, eds. Warren Belasco and Philip Scranton. (New York: Routledge, 2002), 134. Ibid., 140.

Ibid., 141-142.

Ibid., 143; 146.

“Background Information on the Art Lending Service,” The Museum of Modern Art (Spring 1957), accessed August 24,2023, https://www.moma.org/momaorg/shared/pdfs/docs/press_archives/2171/releases/MOMA_1957_0029.pdf. Wayne Thiebaud, “Artist Statement,” in Thiebaud: delicious metropolis, ed. Wayne Thiebaud (San Francisco: Chronicle Books, 2019), 8.

Bibliography:

“Background Information on the Art Lending Service.” The Museum of Modern Art (Spring 1957). Accessed August 24,2023.https://www.moma.org/momaorg/shared/pdfs/docs/press_archives/2171/releases/MOMA_1957_0029.pdf.

Charles, Jeffrey. “Searching for Gold in Guacamole: California Growers Market the Avocado, 1910-1994.” In Food Nations: Selling Taste in Consumer Societies, edited by Warren Belasco and Philip Scranton, 131-154. New York: Routledge, 2002. Shields, Scott A. “Bakery Counter, 1993.” In Thiebaud: delicious metropolis, edited by Wayne Thiebaud, 56-57. San Francisco: Chronicle Books, 2019. Thiebaud, Wayne. “Artist Statement.” In Thiebaud: delicious metropolis, edited by Wayne Thiebaud, 8-9. San Francisco: Chronicle Books, 2019. Wilken, Karen.

106

Claes Oldenburg and Coosje Van Bruggen

Blueberry Pie à la Mode, Flying, Scale B, 1998 cast aluminum with painted acrylic polyurethane incised CO/COS, titled, dated and numbered 3/3 33 5/8 x 25 1/4 x 15 1/4 inches.

Property from the Estate of Morton and Estelle Sosland, Kansas City, Missouri

Provenance:

Grant Selwyn Fine Art, New York

Acquired from the above in 1999

$150,000 - 250,000

So, What’s for Dessert?

Atop a metal base, two wings of a golden color and flaky texture peel away in opposing directions. Nestled in-between them is a sumptuous and shiny blue form that juts outward into space. A perfectly round orb of creamy white crowns the object. This evocative and enticing cast aluminum sculpture calls to be examined in the round. With an unlimited number of perspectives this work’s rich colors, varying textures, and bold shapes invite moments of illuminating abstraction. And yet, as the mind searches, recognizable and delicious imagery surfaces, it is an American cultural icon, a slice of humble blueberry pie with a scoop of vanilla ice cream.

Claes Oldenburg (American, 1929-2022), globally recognized Pop Art sculptor, is famous for reorienting everyday objects into fanciful and large scaled artworks where anything from a mundane clothespin to a joyful ice cream cone are reimagined. After World War II, an explosive rise of mass media and consumerism occurred. Because of this, part of the new post war American experience included relentless exposure to advertisements and commercial imagery. So inundated by mass media, many artists from the mid 1950s to the late 1970s, like Andy Warhol and James Rosenquist, were inspired to repurpose these images into their art, shifting their focus from creating unique subject matter to reorienting what now already existed for a wide audience.

Focused on form and content, Oldenburg often took symbols of American culture like the hamburger, and pushed traditional art boundaries in terms of scale, medium and location. In doing so, Oldenburg was taking influence from Dada and minimalist art movements. Dadaism directly challenged the idea of “high art” as many pop artists took strides to dismantle traditional art hierarchies. Oldenburg’s sculptures were often immersed into outdoor and indoor public spaces, which emphasizes his belief: “I am for an art that is political-erotical-mystical, that does something more than sit (on its ass) in a museum.” Taking inspiration from minimalism, he believed that a work of art is contingent upon a viewer’s physical relationship with the object--making art that both occupies and activates a space.

Oldenburg’s early life was spent between the United States, Sweden, and Norway. Shortly after his robust education, taking him from Yale University (1946-50) then to the School of the Art Institute of Chicago (1952-54), the artist moved to New York where he was enamored with the liveliness of the city and stimulation of imagery. Shifting from his early days of constructing large, fluffy sculptures with canvas and cloth materials, Oldenburg is particularly known for his later style that he referred to as, “Colossal Monuments.” During the 1960s and on he often collaborated with art historian and curator, Coosje van Bruggen, his wife, on these monumentally scaled sculptures. Pieces such as Cupid’s Span in San Fransisco and Spoonbridge and Cherry in Minneapolis are just two examples of the couple’s beloved and massive sculptures that illuminate the idea of culture as nature.

Complex and critical ideas within the Pop Art movement were often overlooked due to the iconic formal elements of the art such as: a high-key color palette, bold compositions and recognizable graphics, elements for which Pop Art is arguably the most recognizable art movement in modern art history. Oldenburg, despite Pop art detractors’ charges against the movement’s supposed flippancy, was concerned with instigating a larger discussion of the growing influence of American consumerism, endowing his cheeky works with a wider critique of the idea of art as commodity.

So, while the artist could be toying with these larger discussions, throughout his career Oldenburg’s works of art can also be seen as vehicles that generate relatability and commonality—art that connected people and removed them from their everyday mentalities. He wrote in 1960 that his ambition was to create “a parallel reality according to the rules of (my) fantasy,” a “geography of the human imagination.” Big, small, cloth, or cast aluminum, Oldenburg’s enticing imagery invites his viewers to be playful, indulge in a piece of pie, and take life a little less seriously.

Hindman Auctions is pleased to present Blueberry Pie à la Mode, Flying, Scale B, a profound example of the artist’s iconic and mature style. From a rare edition of 3, this work of art reflects Oldenburg’s greatest public sculptural achievements, but this time in a transportable and delightful scale to activate any interior living space or intimate exterior setting.

107 Emily Eveleth (American, b. 1960)

Bluff, 2002

oil on canvas signed Emily Eveleth, titled and dated (verso) 82 x 72 inches.

Provenance:

Danese, New York

$7,000 - 9,000

Omen, 1995

oil on linen

signed E. Paschke and dated (lower right); signed, titled and dated (verso) 60 x 78 inches.

$30,000 - 50,000

111

Karl

“Dino” Gasoline Makes the Motorist Green, 1977 acrylic on cardboard 32 x 41 1/2 inches.

Provenance:

Phyllis Kind Gallery, Chicago/New York

$30,000 - 50,000

113

Ernest Trova (American, 1927-2009)

Study/Falling Man (Figure with Shadow #2), 1987 stainless steel incised, dated and numbered A.P. 4/6 7 x 24 1/2 x 10 inches.

Published by 2:30 Productions, St. Louis, Missouri.

Provenance:  Stein Bartlow Gallery, Chicago

Literature:

Andrew Kagan, Trova, 2nd edition, Trova Foundation, St. Louis, Missouri, 1988, pp. 348, no. 253 (another cast illus.)  Included with this lot is a copy of the aforementioned book.

$3,000 - 5,000

114

Ernest Trova (American, 1927-2009)

Study/Falling Man (Walking Jackman), 1986 stainless steel incised E. Trova, dated and numbered 8/99 8 1/2 x 11 1/4 x 11 1/4 inches.

Provenance: Samuel Stein Fine Arts, Chicago

Literature:  Andrew Kagan, Trova, 2nd edition, Trova Foundation, St. Louis, Missouri, 1988, no. 248 Included with this lot is a copy of the aforementioned book.

$5,000 - 7,000

115 Arman (French, 1928-2005)

Hommage à Yves Klein, 1992 acrylic and pigment on three violins incised Arman and numbered 32/99

Each: 26 x 12 5/8 x 8 1/2 inches.

Property from the Private Collection of Miroslav Klabal

Published by Tête à Tête, Paradise Valley Arizona.

This work is recorded in the Arman Studio Archives, New York under no. ARM5002

$15,000 - 25,000

Glossary of Terms

ADRIAEN JANSZ VAN OSTADE

This work, in our best opinion, is by the named artist.

ATTRIBUTED TO ADRIAEN JANSZ VAN OSTADE

To our best judgment, this work is likely to be by the artist, but with less certainty as in the aforementioned category.

STUDIO OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, this unsigned work may or may not have been created under the direction of the artist.

CIRCLE OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work by an unknown but distinctive hand linked or associated with the artist but not definitively his pupil.

STYLE OF . . .

FOLLOWER OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work by a painter emulating the artist’s style, contemporary or nearly contemporary to the named artist.

MANNER OF ADRIAEN JANSZ VAN OSTADE

To our best judgment, a work in the style of the artistand of a later period.

AFTER ADRIAEN JANSZ VAN OSTADE

To our best judgment, a copy of a known work of the artist.

The term signed and/or dated and/or inscribed means that, in our opinion, a signature and/or date and/or inscription are from the hand of the artist.

The term bears a signature and/or a date and/or an inscription means that, in our opinion, a signature and/or date and/or inscription have been added by another hand.

Dimensions are given height before width.

SALE 1214

IMPORTANT JEWELRY

SEPTEMBER 12 | CHICAGO | LIVE + ONLINE

SALE 1215

PALM BEACH FURNITURE & DECORATIVE ARTS

SEPTEMBER 14 | PALM BEACH | LIVE + ONLINE

SALE 1217

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SEPTEMBER 18 | PALM BEACH | LIVE + ONLINE

SALE 1282

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SEPTEMBER 20 | CHICAGO | LIVE + ONLINE

SALE 1245

PRINTS & MULTIPLES

SEPTEMBER 21 | CHICAGO | LIVE + ONLINE

SALE 1220

NATIVE AMERICAN ART - SESSION I

SEPTEMBER 22 | CINCINNATI | LIVE + ONLINE

Upcoming Auction Schedule

YVONNE JACQUETTE (AMERICAN, 1934-2023) LINCOLNVILLE BEACH, 1977 SOLD FOR $100,800 SOLD PRICES ARE INCLUSIVE OF BUYER’S PREMIUM

SALE 1221

NATIVE AMERICAN ART - SESSION II

SEPTEMBER 26 | CINCINNATI | TIMED ONLINE

SALE 1222

ASIAN WORKS OF ART

SEPTEMBER 27 | CHICAGO | LIVE + ONLINE

SALE 1237

POST WAR & CONTEMPORARY ART

SEPTEMBER 28 | CHICAGO | LIVE + ONLINE

SALE 1222

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SEPTEMBER 29 | CHICAGO | TIMED ONLINE

SALE 1218

FALL FASHION & ACCESSORIES

OCTOBER 3 | CHICAGO | TIMED ONLINE

SALE 1226

AMERICAN FURNITURE, FOLK & DECORATIVE ARTS

OCTOBER 4 | CINCINNATI | LIVE + ONLINE

SALE 1228

EUROPEAN FURNITURE & DECORATIVE ARTS

OCTOBER 10 | CHICAGO | LIVE + ONLINE

SALE 1246

PRE-COLUMBIAN & ETHNOGRAPHIC ART

OCTOBER 12 | CHICAGO | ONLINE

SALE 1232

EUROPEAN ART

OCTOBER 17 | CHICAGO | LIVE + ONLINE

SALE 1231

AMERICAN ART

OCTOBER 17 | CHICAGO | LIVE + ONLINE

SALE 1230

WATCHES

OCTOBER 18 | NEW YORK | LIVE + ONLINE

SALE 1279

HAVING A BALL

OCTOBER 23 | CHICAGO | TIMED ONLINE

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*Lead Photography and Design for Sale 1237

Updated 8.1.23

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The standard bidding increments are:

In-House Bidding

Our auctions are free and open to the public with no obligation for attendees to bid. Registration requires your full contact information, photo identification, credit card information, your signature and agreement to the Conditions of Sale.. If you are the successful bidder, your paddle number and the hammer price will be announced by the auctioneer.

Live Bid Online

Hindman LLC allows absentee and live bidding through our website at hindmanauctions.com as well as absentee and live bidding through third party online bidding providers which vary by sale. For more information regarding online bidding please visit our website at hindmanauctions.com.

Absentee Bidding

If you are unable to attend an auction, you may place an absentee bid, either through our website at hindmanauctions.com or through the bid form provided at the back of this catalogue. An absentee bid is the highest price you are willing to pay exclusive of buyer’s premium and applicable sales tax. Hindman LLC will exercise absentee bids at no additional charge. Absentee bids are always confidential, and bids are executed at the lowest price possible by the auctioneer according to reserves and competing bids.

Telephone Bidding

You may register telephone bid requests either through our website at hindmanauctions.com or through the bid form provided at the back of this catalogue. Upon registering for a telephone bid, you will be called on the day of the auction by a Hindman representative approximately five lots before your item is scheduled to be sold. They will communicate to you the bidding activity and will relay your bids to the auctioneer at your discretion. Please note we can only accept telephone bids for lots with a low estimate of $500 or above unless otherwise noted online. Telephone bids may be requested up to 2 hours prior to the auction start time.

Updated 1.13.23

Conditions of Sale

These Conditions of Sale set out the terms upon which Hindman LLC (“we,” “us,” or “our”) sells property by lot in this catalogue. You agree to be bound by these terms by registering to bid and/or by bidding in our auction.

A. BEFORE THE AUCTION

1. LOT DESCRIPTIONS AND WARRANTIES

Our description of a lot, any statement of a lot’s condition, and any other oral or written statement about a lot—such as its nature, condition, artist, period, materials, dimensions, weight, exhibition or publication history, or provenance— are our opinion and shall not to be relied upon by you as a statement of fact. Except for the limited authenticity warranty contained in paragraphs E and F below, we do not provide any guarantee of our description or the nature of a lot.

2. CONDITION

The physical condition of lots in our auctions can vary due to age, normal wear and tear, previous damage, and restoration/repair. All lots are sold “AS IS,” in the condition they are in at the time of the auction, and we and the seller make no representation or warranty and assume no liability of any kind as to a lot’s condition. Any reference to condition in a catalogue description or a condition report shall not amount to a full accounting of condition and may not include all faults, inherent defects, restoration, alteration, or adaptation. Likewise, images in our catalogue may not depict a lot accurately, as colors and shades may appear different in print or on screen than on physical inspection. We are not responsible for providing you with a description of a lot’s condition in the catalogue or in a condition report.

3. VIEWING LOTS

We offer pre-auction viewings, either scheduled or by appointment, that are free of charge. If you believe that the catalogue description or condition reports are not sufficient, we suggest you inspect a lot personally or through a knowledgeable representative before you bid on a lot to make sure that you accept the description and its condition. We recommend you hire a professional adviser if you are not familiar with how to address the nature or condition of an object. Hindman has several salerooms throughout the country and the location of sales, or individual items may vary. It is important to check with our website and be aware of where each lot is located, for both viewing and for shipping purposes.

4.

ESTIMATES

Estimates of a lot account for the condition, rarity, quality, and provenance of the object and are based upon prices realized for similar objects in past auctions. Neither you nor anyone else may rely on our estimates as a prediction or guarantee of the actual selling price of a lot or its value for any other purpose. Estimates do not include the buyer’s premium, any applicable taxes, and any other applicable charges.

5. WITHDRAWAL

We may, in our sole discretion, withdraw a lot from auction at any time prior to or during the sale and shall have no liability to you for our decision to withdraw.

B. REGISTERING TO BID

1. GENERAL

We reserve the right to reject any bid. By participating in the sale, you represent and warrant that:

(a) The bidder and/or purchaser is not subject to trade sanctions, embargoes or any other restriction on trade in the jurisdiction in which it does business as well as under the laws and regulations of the United States, and is not owned (nor partly owned) or controlled by such sanctioned person(s) (collectively, “Sanctioned Person(s)”); (b) Where you are acting as agent, your principal is not a Sanctioned Person(s) nor owned (or partly owned) or controlled by Sanctioned Person(s); and

(c) The bidder and/or purchaser undertakes that none of the purchase price will be funded by any Sanctioned Person(s), nor will any party be involved in the transaction including financial institutions, freight forwarders or other forwarding agents or any other party be a Sanctioned Person(s) nor owned (or partly owned) or controlled by a Sanctioned Person(s), unless such activity is authorized in writing by the government authority having jurisdiction over the transaction or in applicable law or regulation.

2. NEW BIDDERS

New bidders must register at least twenty-four (24) hours before an auction and must provide us with documentation of their identity.

(a) Individuals must provide photo identification (driver’s license, non-driver ID card, or passport) and, if not shown on the photo identification, proof of current address (a current utility bill or bank statement). (b) Corporate clients must provide a Certificate of Incorporation or its equivalent bearing the company’s

name and registered address, together with documentary proof of directors and beneficial owners. (c) Trusts, partnerships, offshore companies, and other business entities must contact us in advance of the auction to discuss our requirements. If we are not satisfied with the information you provide us in our bidder identification and other registration procedures, we may refuse to register you to bid, and if you make a successful bid, we may cancel the contract for sale between you and the seller. New bidders may be required to provide us with a financial reference and/or a deposit before we allow them to bid.

3. RETURNING BIDDERS

If you have not bought anything from us recently, then we may require you to register as a new bidder, as described in the paragraph above. Please contact us at least twenty-four (24) hours prior to the auction.

4. BIDDING FOR ANOTHER PERSON

If you are bidding as an agent on behalf of another person, your principal must be a registered bidder and must provide us with written authorization allowing you to bid. You, as the agent, shall accept personal liability to pay the purchase price and all other sums due unless we have agreed in writing before the auction that you are acting as an agent on behalf of your principal and that we will only seek payment from your principal.

5. BIDDING IN THE SALEROOM

If you wish to bid in the saleroom, you must first acquire a bidding paddle at least thirty (30) minutes before the auction.

6. OUR BIDDING SERVICES

We offer the following bidding services as a convenience to our clients, subject to these Conditions of Sale. We shall not be responsible for any error, omission, or failure, human or otherwise, in providing these services.

(a) Phone Bids: You must contact us at least twenty-four (24) hours prior to the auction to arrange a phone bid. We will accept bids by telephone for lots only if our staff is available to take the bids. We agree that we may record telephone bids.

(b) Internet Bids: You can bid in our live sales via our bidding platform or through third-party bidding sites.

(c) Written Bids: You can find a Written Bid Form at the auction location, or online at www.hindmanauctions.com. We must receive your completed Written Bid Form at least twenty-four (24) hours before the auction. We will endeavor to execute written bids at the lowest possible price consistent with the reserve. If you make a written bid on a lot that does not have a reserve and there is no higher bid than yours, we will bid on your behalf at approximately fifty percent (50%) of the low estimate or, if lower, the amount of your bid. The first written bid we receive of those for identical amounts will be given priority over other bids.

7. CREDIT CARD AUTHORIZATION HOLD

When you register to bid you may be asked to provide us with a valid credit card number. You authorize us to verify the validity of the credit card by placing a temporary authorization hold on the card that will remain until it falls off, usually within 2 to 7 days.

C. DURING THE AUCTION

1. BIDDING IN THE AUCTION

(a) Live Auctions. We will appoint an individual auctioneer to administer a live auction. The auctioneer may accept bids from (a) written bids left with us by bidders before the auction; (b) bidders in the saleroom; (c) telephone bidders; and (d) Internet bidders, including bidders through third-party bidding sites. Bidding generally starts below the low estimate and increases in steps, called bid increments. The auctioneer will decide at his/her sole option where the bidding should start and the bid increments. Bid increments may vary from auction to auction. You shall comply with all laws and regulations in force that govern your bidding.

(b) Online Auctions. The auctioneer will accept bids from Internet bidders, including bidders through third-party bidding sites. Bidding generally starts below the low estimate and increases in steps, called bid increments. The auctioneer will decide at his/her sole option where the bidding should start and the bid increments. Bid increments may vary from auction to auction. You shall comply with all laws and regulations in force that govern your bidding.

(c) Timed Auctions. Bids may only be submitted on our website between the dates and times specified in the lot’s description. Your bid is submitted once you place and confirm your bid amount. You agree that a bid is final once it is placed and that you may never amend or revoke your bid. You are fully responsible for any errors you make in bidding. Bidding generally opens at or below the low estimate and increases in steps (bidding increments) to be determined in Hindman’s sole discretion.

2. AUCTIONEER’S DISCRETION

The auctioneer shall have absolute discretion to (a) admit a bidder into or remove a bidder from the saleroom or online auction; (b) accept or refuse any bid; (c) change the order of the lots in the auction; (d) move the bidding backward or forward; (e) withdraw any lot from the auction; (f) divide any lot or combine any two or more lots; (g) reopen or continue the bidding even after the hammer has fallen; and (h) continue the bidding, determine the successful bidder, cancel the sale of the lot, or reoffer and resell any lot in the event that there is an error or dispute related to bidding or the application of the reserve, whether during or after the auction. You must provide us with written notice within three (3) business days of the date of the auction if you believe that the auctioneer has accepted the successful bid in error. The auctioneer will consider the claim and decide in good faith if the sale of the lot is final, whether he/she will cancel the sale of the lot, or whether he/she will reoffer and resell the lot. The auctioneer’s decision in exercise of this discretion is final. This paragraph does not in any way affect our ability to cancel the sale of a lot under other applicable provisions of these Conditions of Sale, including the rights of cancellation set forth in sections B(1), D(6), E(2), and G(1).

3. BIDDING ON BEHALF OF THE SELLER

The auctioneer may, at his/her sole option, bid on behalf of the seller up to one bidding increment before the reserve by making either consecutive or responsive bids. The auctioneer will not identify these as bids made on behalf of the seller. If a lot is offered without reserve, the auctioneer will open the bidding at a set increment lower than the lot’s low estimate and will solicit higher bids from that amount. If there are no bids on a lot, the auctioneer may deem the lot unsold.

4. SUCCESSFUL BIDS AND INVOICES

Subject to paragraph C(2), the contract of sale between the seller and the successful bidder is formed when the final bid is accepted and the auctioneer’s hammer strikes. The successful bid price is the hammer price, and we will issue an invoice only to the registered bidder who made the successful bid. While we send out invoices by mail and/or email after the auction, we shall not be responsible for telling you whether your bid was successful. You should contact us immediately after the auction to find out the success of your bid in order to avoid having to pay storage charges. Please note that Hindman will not accept payments for purchased lots from any party other than the purchaser, unless otherwise agreed between the purchaser and Hindman prior to the sale.

D. AFTER THE AUCTION

1. THE BUYER’S

PREMIUM

In addition to the hammer price, the successful bidder agrees to pay us a buyer’s premium on the hammer price of each lot sold. On all lots except for those in Coins, Medals & Banknotes; Sports Memorabilia; and Arms, Armor & Militaria auctions we charge twenty-six percent (26%) of the hammer price up to and including $1,000,000; twenty percent (20%) of any amount in excess of $1,000,001 up to and including $5,000,000; and fifteen percent (15%) of any amount in excess of $5,000,001. For all lots offered in Coins, Medals & Banknotes we charge a buyer’s premium of twenty percent (21%) of the hammer price. Sports Memorabilia; and Arms, Armor & Militaria auctions we charge a buyer’s premium of twenty percent (20%) of the hammer price. If the bidder bids through a third-party platform the bidder agrees to pay us a surcharge equal to the fee levied by the third-party platform. The third-party platform fee is in addition to the buyer’s premium.

2. TAXES

The successful bidder is responsible for any applicable taxes, including any sales or use tax or equivalent tax wherever such taxes may arise on the hammer price, the buyer’s premium, and/or any other charges related to the lot. A sales or use tax is dependent upon a number of factors, including, but not limited to, our volume of sale and the place of delivery of the lot, regardless of the nationality or citizenship of the successful bidder. The applicable sales tax rate will be determined based upon the state, county, or locale to which the lot will be shipped or where it is picked-up in person. We collect sales tax in states where legally required.

3. MAKING PAYMENT

(a) Immediately following the auction, you must pay the purchase price, consisting of the hammer price, plus the buyer’s premium, plus any applicable duties and sales, use, or other applicable taxes. Payment is due no later than by the end of the seventh (7th) calendar day following the date of the auction, which we refer to as the due date.

(b) We will only accept payment from the registered successful bidder. Once issued, we cannot change the buyer’s name on an invoice or reissue the invoice in a different name.

(c) You must pay for lots in US dollars in one of the following ways:

(i) Wire transfer.

(ii) Bank checks: You must make these payable to Hindman LLC, and we may impose other conditions. Once we have deposited your check, property cannot be released until five (5) business days have passed.

(iii) Personal checks: You must make these payable to Hindman LLC, and they must be drawn from US dollar accounts from a US bank. The property will not be released until the check has cleared and the funds are received by us.

(iv) Credit card: Credit card payments may not exceed $10,000 and a convenience fee of 3% will be added to each credit card payment.

(v) ACH Bank Transfer

(d) You must quote your invoice number when making a payment. All payments sent by post must be sent to Hindman LLC, 1338 West Lake Street, Chicago, IL 60607, ATTN: Client Accounting Department.

4. TRANSFERRING OWNERSHIP TO YOU

You will not own the lot and title will not pass to you until we have received full payment in good funds of the purchase price, even in circumstances where we have released the lot to you.

5. TRANSFERRING RISK TO YOU

Unless we have agreed otherwise with you, the risk in and responsibility for the lot will transfer to you from whichever is the earlier of the following: (a) when you collect the lot; or (b) the end of the thirtieth (30th) day following the date of the auction or, if earlier, the date the lot is taken into care by a third-party warehouse.

6. YOUR FAILURE TO PAY

If you fail to pay us the purchase price in full in good funds by the due date, we will be entitled to do one or more of the following (as well as enforce any other rights and remedies we have by law) at our sole discretion:

(a) We can charge interest from the due date at a rate of up to one and one-half percent (1.5%) per month on the unpaid amount due.

(b) We can cancel the sale of the lot and sell the lot again, publicly or privately, on such terms as we believe appropriate, in which case you must pay us any shortfall between the amount you owe us and the resale price, plus all costs, expenses, losses, damages, and legal fees we incur due to the cancellation.

(c) We can pay the seller the amount due to them, in which case you acknowledge and understand that we will have all the seller’s rights to pursue you for such amount.

(d) We can hold you legally responsible for the amount you owe us and bring legal proceedings against you to recover the amount owed by you, plus other losses, interest, legal fees, and costs as allowed by law.

(e) We can reveal your identity and contact details to the seller.

(f) We can reject any bids made by or on behalf of you in future auctions or require you to provide us with a deposit before accepting any bids.

(g) We can exercise all the rights and remedies of a person holding security over any property in our possession owned by you, whether by way of pledge, security interest, or in any other way as permitted by the law of the place where such property is located. You will be deemed to have granted such security to us and we may retain such property as collateral security for your obligations to us.

(h) We can take any other action we deem necessary or appropriate.

7. SHIPPING, COLLECTION, AND STORAGE

(a) You must collect purchased lots within thirty (30) days of the auction. We can assist in making shipping arrangements by suggesting art handlers, packers, transporters, or experts, but you must arrange all transport and shipping with them, and we are not responsible for their acts, failure to act, or neglect. Hindman has several salerooms throughout the country and the location of sales, or individual items may vary. It is important to check with our website and be aware of where each lot is located, for both viewing and for shipping.

(b) If you do not collect any purchased lot within thirty (30) days following the auction, we may, at our sole option, (i) charge you storage and insurance costs; (ii) move the lot to another Hindman location or to a third-party warehouse, whereupon we will charge you transport costs, insurance costs, and administration fees for doing so, and you will be subject to the third-party storage warehouse’s standard terms and responsible for paying its standard fees and costs; or (iii) sell the lot in any commercially reasonable way we think appropriate.

(c) In accordance with applicable state law, if you have paid for the lot in full but you do not collect the lot within the time specified by the law of the state where the auction takes place, we may charge you state sales tax for the lot.

(d) Nothing in this paragraph is intended to limit our rights under paragraph D(6).

8. EXPORTING, IMPORTING, AND ENDANGERED SPECIES

(a) The shipping of a lot is affected by United States export laws or the import laws of other countries. If you are outside the United States, then local laws may prevent you from importing a lot. You alone are responsible for seeking advice prior to bidding and meeting the requirements of any law or regulation applying to the export or import of a lot.

(b) Lots made of or including (regardless of the percentage) endangered and other protected species of wildlife—such as, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whalebone, certain species of coral, and Brazilian rosewood—may be subject to export controls in the US and import controls in other countries. You should check the relevant wildlife laws and regulations before bidding on any lot containing wildlife material if you plan to export the lot from the United States, import the lot into another country, or ship the lot between states. Your purchase of a lot containing endangered and other protected species of wildlife is at your own risk, and you shall be

responsible for any scientific test or other reports required for export from the United States or for shipment between states. We will not cancel your purchase and refund the purchase price if your lot may not be exported, imported, or shipped between states, or if it is seized for any reason by a government authority. It is your responsibility to determine and satisfy the requirements of any applicable laws or regulations relating to import, export, and/or interstate shipping of a lot containing endangered and other protected species of wildlife.

E. WARRANTIES

1. SELLER’S WARRANTIES

For each lot, the seller gives a warranty that the seller (a) is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or a joint owner of the lot, has the permission of the owner to sell the lot or the right to do so by law; and (b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else. If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price (as defined in paragraph D(3) above) paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages, or expenses. The seller gives no warranty other than as set out above, and as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller that may be added to this agreement by law, are excluded. No employee or agent of Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the seller’s warranties or creates an additional warranty on behalf of the seller with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

2.

OUR LIMITED AUTHENTICITY WARRANTY

Our limited authenticity warranty, which lasts for one (1) year from the date of a live auction or three (3) months from an online only auction, is that the lots in our sales are authentic as defined in paragraph H, below. You must notify Hindman regarding concerns of authenticity in writing within one (1) year of the date of a live auction or within three (3) months of the date of an online only auction. Following receipt of that written notification, subject to the terms below, Hindman will refund the purchase price paid by the client. The terms of this limited authenticity warranty are as follows:

(a) It will be honored for claims notified in writing within a period of one (1) year from the date of a live auction or three (3) months from an online only auction. After such time, we will not be obligated to honor the limited authenticity warranty.

(b) It is given only for information shown in UPPERCASE type in the first line of the catalogue description (the Heading). It does not apply to any information other than that in the Heading, even if it is shown in UPPERCASE type.

(c) It does not apply to any Heading or part of a Heading that is qualified.

“Qualified” means limited by a clarification in a lot’s catalogue description or by the use in a Heading of one of the terms listed in the definition of “qualified” provided in paragraph H, below. Qualified Headings are not covered at all by this limited authenticity warranty.

(d) It applies to the Heading as amended by any saleroom notice.

(e) It does not apply where scholarship has developed since the auction, leading to a change in generally accepted opinion. Further, it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the auction or drew attention to any conflict of opinion.

(f) It does not apply if the lot can only be shown not to be authentic by a scientific process that, on the date we published the catalogue, was not available or generally accepted for use, was unreasonably expensive or impractical, or was likely to have damaged the lot.

(g) Its benefit is only available to the original buyer shown on the invoice for the lot, issued at the time of the sale, and only if, on the date of the notice of claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest, or restriction by anyone else. The benefit of this limited authenticity warranty may not be transferred by the original buyer to anyone else.

(h) In order to make a claim under the limited authenticity warranty, you must

(i) give us written notice of your claim within one (1) year of the date of a live auction or three (3) months from an online only auction ; (ii) at our option, pay for and provide us with the written opinions of two recognized experts in the field, mutually agreed upon by you and us, confirming that the lot is not authentic (we reserve the right to obtain additional opinions at our expense); and (iii) return the lot at your expense to the saleroom from which you bought it in the condition it was in at the time of sale.

(i) Your only right under this limited authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, under any circumstances, be required to pay you more than the purchase price, nor will we be liable for any loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, other damages, or expenses.

(j) No employee or agent of Hindman is authorized to make a representation or provide additional information, whether orally or in writing, that amends the limited authenticity warranty or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

3. ADDITIONAL WARRANTY FOR BOOKS

If the lot is a book, then we give an additional warranty to the original buyer shown on the invoice for the lot issued at the time of the sale in the following circumstances:

(a) We will refund the purchase price to the original buyer if we, in our sole discretion, are convinced that the book is defective in text or illustration, subject to the following terms:

(i) This additional warranty does not apply to (A) the absence of blanks, half titles, tissue guards, or advertisements; or damage in respect of bindings, stains, spotting, marginal tears, or other defects not affecting the completeness of the text or illustration; (B) drawings, autographs, letters or manuscripts, signed photographs, music, atlases, maps, or periodicals; (C) books not identified by title; (D) lots sold without a printed estimate; (E) books that are described in the catalog as sold not subject to return; or (F) defects stated in any condition report or announced at the time of sale.

(ii) To make a claim under this additional warranty, you must give written details of the defect within twenty-one (21) days of the date of the sale and return the lot within twenty-one (21) days of the date of the sale to the saleroom at which you bought it in the same condition as at the time of sale.

(iii) Paragraphs E(2)(b), (c), (d), (e), (h), and (i) also apply to a claim under this additional warranty. (c) No employee or agent of Hindman is authorized to make a representation or provide other information, whether orally or in writing, that amends the additional warranty for books or creates an additional warranty with respect to a lot. Any such representation, other information, or additional warranty shall be null and void.

4. JEWELRY

(a) Colored gemstones (such as rubies, sapphires, and emeralds) may have been treated to improve their appearance through methods such as heating and/or various clarity enhancements. These methods are considered common by the international jewelry trade but may make a gemstone more fragile and/or cause the gemstone to require special care over time.

(b) All types of gemstones may have been improved by some method. You may request a gemological report for any item that does not have a report if the request is made to us at least three (3) weeks before the date of the auction and you pay the fee for the report.

(c) We do not obtain a gemological report for every gemstone sold in our auctions. When we do get gemological reports from internationally accepted gemological laboratories, such reports are described in the catalogue. Reports from American gemological laboratories describe any improvement or treatment to the gemstone. Reports from European gemological laboratories describe any improvement or treatment only if we request that they do so, but they do confirm when no improvement or treatment has been made. Because of differences in approach and technology, laboratories may not agree on whether a gemstone has been treated, the amount of treatment, or whether that treatment is permanent. The gemological laboratories only report on the improvements or treatments known to them at the date they make the report.

(d) For jewelry sales, estimates are based on the information in any gemological report. If no report is available, assume that the gemstones may have been treated or enhanced.

5. WATCHES AND CLOCKS

(a) Almost all clocks and watches are repaired in their lifetime and may include parts that are not original. We do not give a warranty that any individual component part of any watch is authentic. Watchbands described as “associated” are not part of the original watch and may not be authentic. Clocks may be sold without pendulums, weights, or keys.

(b) As collectors’ watches often have very fine and complex mechanisms, you are responsible for any general service, change of battery, or further repair work that may be necessary. We do not give a warranty that any watch is in good working order. Certificates are not available unless described in the catalogue. (c) Most wristwatches have been opened to find out the type and quality of movement. For that reason, wristwatches with water-resistant cases may not be waterproof, and we recommend you have them checked by a competent watchmaker before use.

(d) Many of the watches offered for sale in this catalogue are pictured with straps made of endangered or protected animal materials such as alligator or crocodile skin. When straps are shown for display purposes only and are not for sale. We may remove and retain the strap prior to shipment from the sale site. Please check with the department for details on a lot with such a strap.

6. YOUR WARRANTIES

You warrant to us and the seller that (a) the funds you use for payment are not connected with any criminal activity, including tax evasion, and neither are you under investigation, nor have you been charged with or convicted of money laundering, terrorist activities, or other crimes; (b) where you are bidding on behalf of another person, (i) you have conducted appropriate customer due diligence on the ultimate buyer(s) of the lot(s) in accordance with all applicable anti-money

laundering and sanctions laws, you consent to us relying on this due diligence, you will retain for a period of not less than five (5) years the documentation evidencing the due diligence, and you will make such documentation promptly available for immediate inspection by an independent third-party auditor upon our written request to do so; (ii) the arrangements between you and the ultimate buyer(s) in relation to the lot or otherwise do not, in whole or in part, facilitate tax crimes; (iii) you do not know, and have no reason to suspect, that the funds used for payment are connected with or the proceeds of any criminal activity, including tax evasion, or that the ultimate buyer(s) are under investigation for, or have been charged with or convicted of, money laundering, terrorist activities, or other crimes.

F. OUR LIABILITY TO YOU

(a) We give no warranty in relation to any statement made, or information given, by us or our representatives or employees about any lot other than as set out in the limited authenticity warranty or in the additional warranty for books, and as far as we are allowed by law, all warranties and other terms that may be added to this agreement by law are excluded. The seller’s warranties contained in paragraph E(1) are their own, and we do not have any liability to you in relation to those warranties.

(b) We are not responsible to you for any reason (whether for breaking this agreement or for any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us, or other than as expressly set out in these Conditions of Sale.

(c) WE DO NOT GIVE ANY REPRESENTATION, WARRANTY, OR GUARANTEE OR ASSUME ANY LIABILITY OF ANY KIND IN RESPECT OF ANY LOT WITH REGARD TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE, EXHIBITION HISTORY, LITERATURE, OR HISTORICAL RELEVANCE. EXCEPT AS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS PARAGRAPH.

(d) Our written and telephone bidding services, online bidding services, and condition reports are free services, and we are not responsible to you for any error, omission, or failure of these services.

(e) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(f) If, despite the terms in paragraphs F(a)–(e) or E(2)–(3) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.

G. OTHER TERMS

1. OUR ABILITY TO CANCEL

In addition to the other rights of cancellation contained herein, we can cancel a sale of a lot if (i) any of your warranties in paragraph E(4) are not correct; (ii) we reasonably believe that completing the transaction is, or may be, unlawful; or (iii) we reasonably believe that the sale places us or the seller under any liability to anyone else or may damage our reputation.

2. RECORDINGS

We may videotape and/or audio record proceedings at any auction. We will keep any personal information confidential, except to the extent that disclosure is required by law. If you do not want to be videotaped, you may decide to make a telephone or written bid or bid online instead. Unless we agree otherwise in writing, you may not videotape or record proceedings at any auction.

3. COPYRIGHT

We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot, including the contents of our catalogues, unless otherwise noted therein. You cannot use them without our prior written permission. We make no representation and offer no guarantee that the buyer of a lot will gain any copyright or other reproduction rights.

4. ENFORCING THIS AGREEMENT

If a court finds that any part of this agreement is invalid, illegal, or impossible to enforce, that part of the agreement will be treated as being deleted, and the rest of this agreement will not be affected.

5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES

You may not grant a security over or transfer your rights or responsibilities under these terms unless we have given our written permission. This agreement will be binding on your successors or estate and anyone who takes over your rights and responsibilities.

6. PERSONAL INFORMATION

We will hold and process your personal information in line with our privacy policy at www.hindmanauctions.com.

7. WAIVER

No failure or delay to exercise any right or remedy contained herein shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

8. LAW AND DISPUTES

This agreement, and any noncontractual obligations arising out of or in connection with this agreement, or any other rights you may have relating to the purchase of a lot will be governed by the laws of Illinois. You and we agree to try to settle the dispute by mediation submitted to JAMS, or its successor, for mediation in Illinois. If the dispute is not settled by mediation within sixty (60) days from the date when mediation is initiated, then the dispute shall be submitted to JAMS, or its successor, for final and binding arbitration in accordance with its Comprehensive Arbitration Rules and Procedures or, if the dispute involves a non-US party, the JAMS International Arbitration Rules. The seat of the arbitration shall be Illinois, and the arbitration shall be conducted by one arbitrator, who shall be appointed within thirty (30) days after the initiation of the arbitration. The language used in the arbitral proceedings shall be English. The arbitrator shall order the production of documents only upon a showing that such documents are relevant and material to the outcome of the dispute. The arbitration shall be confidential, except to the extent necessary to enforce a judgment or where disclosure is required by law. The arbitration award shall be final and binding on all parties involved. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. This arbitration and any proceedings conducted hereunder shall be governed by Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958.

H. GLOSSARY

authentic: a genuine example, rather than a copy or forgery of (a) the work of a particular artist, author, or manufacturer, if the lot is described in the Heading as the work of that artist, author, or manufacturer; (b) a work created within a particular period or culture, if the lot is described in the Heading as a work created during that period or culture; (c) a work of a particular origin or source, if the lot is described in the Heading as being of that origin or source; or (d) in the case of gems, a work that is made of a particular material, if the lot is described in the Heading as being made of that material.

buyer’s premium: the charge the buyer pays us along with the hammer price. catalogue description: the description of a lot in the catalogue for the auction, as amended by any saleroom notice.

due date: has the meaning given to it in paragraph D(3)(a).

estimate: the price range included in the catalogue or any saleroom notice within which we believe a lot may sell. Low estimate means the lower figure in the range, and high estimate means the higher figure. The mid estimate is the midpoint between the two.

hammer price: the amount of the highest bid the auctioneer accepts for the sale of a lot.

Heading: has the meaning given to it in paragraph E(2).

limited authenticity warranty: the guarantee we give in paragraph E(2) that a lot is authentic other damages: any special, consequential, incidental, or indirect damages of any kind or any damages that fall within the meaning of “special,” “incidental,” or “consequential” under local law.

purchase price: has the meaning given to it in paragraph D(3)(a). provenance: the ownership history of a lot. qualified: has the meaning given to it in paragraph E(2), subject to the following terms:

(a) “Cast from a model by” means, in our opinion, a work from the artist’s model, originating in his circle and cast during his lifetime or shortly thereafter.

(b) “Attributed to” means, in our opinion, a work probably by the artist.

(c) “In the style of” means, in our opinion, a work of the period of the artist and closely related to his style.

(d) “Ascribed to” means, in our opinion, a work traditionally regarded as by the artist.

(e) “In the manner of” means, in our opinion, a later imitation of the period, of the style, or of the artist’s work.

(f) “After” means, in our opinion, a copy or after-cast of a work of the artist. reserve: the confidential amount below which we will not sell a lot. saleroom notice: a written notice posted next to the lot in the saleroom and on www.hindmanauctions.com, which is also read to prospective telephone bidders and provided to clients who have left commission bids, or an announcement made by the auctioneer either at the beginning of the sale or before a particular lot is auctioned.

UPPERCASE type: type having all capital letters.

warranty: a statement or representation in which the person making it guarantees that the facts set out in it are correct.

Updated 8.1.23