19th Century Frank William Topham Oil on Canvas

General Conditions of Sale

1. All items are sold “AS IS, WHERE IS” with all faults. There are no warranties or representations of merchantability, of fitness, nor of any other kind, express or implied. Prospective bidders are strongly advised to personally examine any lots in which they are interested before the auction takes place. Written and oral descriptions are our opinions and should in no way be construed as a guarantee of any kind as to authenticity, age, condition, materials or any other feature of items being sold. DAG attempts to catalog every lot correctly and will attempt to point out any defects but will not be responsible or liable for the correctness of the catalog or other descriptions of the lot. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the conditions of aging. You are encouraged to request a condition report on items you are interested in bidding on. Please note that condition reports are not available on lots with a low estimate less than $500. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. If your item(s) are damaged in shipping, you will need to contact the shipper to file a claim. If your item(s) are being shipped and there is a condition problem upon receipt, you are expected to notify us immediately by phone at 866-653-3900. Any condition concerns will be null and void after the 10th business day following the end of the auction. Please note that if you pay late and thus receive your item(s) late, this does not qualify you for special privileges. We do not give refunds! All sales are final!

2. All property is sold “AS IS, WHERE IS” and neither DAG nor the consignor makes any warranties or representations of any kind or nature with respect to property or its value, and in no event shall be responsible for the correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of property or estimate of value. No statement (oral or written) in this catalog, at the sale, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. All measurements are approximate.

3. The successful bidder is the highest bidder acknowledged by the auctioneer. In the event of any dispute between bidders, or in the event of doubt on DAG’s part as to the validity of any bid, the auctioneer will have the final discretion either to determine the successful bidder or to re-offer and resell the article in dispute. If any dispute arises after the sale, DAG’s sale record is conclusive. DAG records the audio portion of each auction.

4. The purchaser assumes full responsibility for items at the fall of the hammer.

5. As a convenience to customers, absentee bids and phone bids will be executed by DAG personnel in a competitive and confidential manner. Phone bid arrangements must be made 24 hours prior to start of the auction. DAG will not be responsible for failure to execute absentee or phone bids. We will not accept phone bids on items with a low estimate less than $500.

6. DAG may designate certain lots as Select Lots and will require pre-registration authorization to bid. The pre-registration application must be received by DAG at least 2 business days prior to the auction. DAG’s decision whether to accept any application is final. We cannot obtain financial references over weekends or public holidays.

7. There will be a buyer’s premium of 25% added to the hammer price of each lot for the portion up to and including $300,000, 20% on the portion from $300,001 through $2,000,000, and 12% on the portion exceeding $2,000,000 and all will be considered part of the total purchase price. All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. DAG must have a blanket exemption certificate with permit number and signature on any tax- exempt sale. All purchases via LiveAuctioneers will have an additional 3% added to the buyer’s premium.

8. PAYMENT – DOMESTIC CLIENTS: We accept bank wire transfers, cash, cashier’s checks, and personal or company checks with proper ID. WE DO NOT ACCEPT ANY CREDIT CARDS UNLESS PRESENTED IN PERSON. There is a maximum of $10,000 that may be charged to credit cards, per client invoice. CREDIT CARD TRANSACTIONS ARE SUBJECT TO AN ADDITIONAL 3% CONVENIENCE FEE. For clients not attending the auction in person, we will email you an invoice the day after the auction. Payment is due within five business days. If paying by check, DAG reserves the right to hold all purchases until the check has cleared to the satisfaction of DAG and its bank.

INTERNATIONAL CLIENTS - We accept bank wire transfers only. We will email you an invoice the day after the auction and payment is due within five business days.

9. SHIPPING – It is the buyer’s responsibility to arrange for and pay for shipping. Dallas Auction Gallery is not in the shipping business. We do not have the proper staff, materials or insurance to provide such services. We cannot and will not provide packing or shipping services for anyone. NO EXCEPTIONS. On the 30th calendar day following the auction, all lots that have not been removed from DAG will be moved to an off-site storage facility and incur storage fees of $10.00 per lot per day until removed. For a recommended list of shippers and a Shipping Authorization Form, please click the “Shipping” link under the “Services” tab of our homepage at https://dallasauctiongallery.com. We must have a signed, completed Shipping Authorization to release your lots. Wire payment-goods are released for shipment the day following receipt of good funds; Cash payment-goods are available for immediate pickup. Cash payments of $10,000 or more require the completion of Federal Form 8300; Cashier’s Check payment-we will contact the issuing bank for verification and goods are available once funds are verified, usually the same day; Check payment-it takes up to 7 business days for a check to fully clear the U.S. banking system. Goods are released on the 8th day after receipt of your check; In Person Credit Card payment-goods are available for immediate pickup by established clients. Goods for new clients are released 5 business days after payment is processed.

10. JEWELRY RELATED - (a) Watches: Prospective buyers or their agents should satisfy themselves by personal inspection as to the condition of each lot. DAG employees are not watch professionals and DAG does not warrant the condition of watch movements, the authenticity of replacement parts, working condition, water-resistance, or the future serviceability of any watch. (b) Gemological laboratory reports: DAG provides information regarding gem lab reports for the convenience of the prospective buyer. The accuracy of the information, applicability, or any information contained in the reports is not guaranteed by DAG, nor do we accept responsibility for reliance there upon. (c) Gemstone treatment: Colored gemstones are routinely treated by methods including but not limited to heating and filling to improve the color, clarity and stability of the stone. DAG does not take responsibly for disclosure of such treatment. Unless the catalog states that the stone is natural, DAG does not take responsibility for disclosure of treatment nor handling by the buyer after sale. (d) Restricted materials: Dallas Auction Gallery does not provide shipping services. Whether it be diamonds, gemstones, or other materials associated with the lots being offered, it is the responsibility of the buyer to adhere to the export regulation that may exist based on US or international laws or regulations.

11. If we are prevented by fire, theft, or any other reason whatsoever from delivering any property to the purchaser, our liability shall be limited to the sum actually paid, by the purchaser for such property.

12. DAG reserves the right to withdraw any lot at any time before the auction without liability.

13. The auctioneer reserves the right to reject any bid not commensurate with the value of the property offered.

14. A range of estimates is given on each lot with a low and a high estimate. Estimates should not be relied on as a prediction of the actual selling price.

15. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to it by law, including without limitation the right to hold the purchaser liable for the total purchase price, DAG at its option may either (a) cancel the sale, retaining as liquidated damages all payments made by the purchaser or (b) resell the property at public auction without reserve or minimum selling price, and the purchaser will be liable for any deficiency and costs, including handling charges, expenses of both sales, the commission on both sales at regular rates, all other charges due hereunder and incidental damages.

16. In the unlikely event we lose our internet connection, DAG reserves the right in its sole and absolute discretion to cancel the remainder of the auction.

17. Some lots may be offered with a “reserve” which is the minimum price below which the lot will not be sold. DAG may act to protect the reserve by bidding through the auctioneer. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor. The auctioneers may continue to bid on behalf of the consignor up to the amount of the reserve, either by placing bids in response to other bidders or by placing consecutive bids. In no event will the reserve exceed the low estimate.

18. These terms and conditions of sale, as well as the respective rights and obligations of DAG and any purchasers or bidder at any sale of DAG, shall be governed by and construed and enforced in accordance with the laws of the State of Texas.

19. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599.

Texas Auctioneers: Scott H. Shuford #13769 and Jerry W. Holley #10262

PAYMENT - DOMESTIC CLIENTS: We accept bank wire transfers, Visa, MasterCard, or American Express There is a maximum of $10,000 that may be charged to credit cards, per client invoice. (a) Items

purchased in person must be paid for on the day of the auction. If you leave without paying, your credit card will be charged the next day. (b) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (c) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact DAG via telephoneor email at [email protected] to make payment. (d) If paying by check, DAG reserves the right to hold all purchases until the check has cleared to the satisfaction of DAG and its bank.

INTERNATIONAL CLIENTS: We accept wire transfers, Visa, MasterCard, or Discover. There is a maximum of $10,000 that may be charged to credit cards, per client invoice. (a) For items purchased via phone or absentee bidding, your credit card will be charged the day after the auction. If other payment arrangements have been made and good funds have not been received by the 5th business day after the auction, your credit card will be charged. (b) For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact DAG via telephoneor email at [email protected] to make payment.

CREDIT CARDS

For items purchased online, you will be emailed an invoice the day after the auction. It is your responsibility to contact DAG via telephoneor email at [email protected] to make payment. We accept Visa, MasterCard, and American Express. Please note there is a maximum of $10,000 in total that may be charged on credit cards.

SHIPPING

It is the buyer's responsibility to arrange for and pay for shipping. On the 30th calendar day following the auction, all lots that have not been removed from DAG will be moved to an off-site storage facility and incur storage fees of $10.00 per lot per day until removed. For a recommended list of shippers and a Shipping Authorization Form, please click the "Shipping" link under the "Services" tab of our homepage at https://dallasauctiongallery.com. We must have a signed, completed Shipping Authorization to release your lots.

BUYER'S PREMIUM

There will be a buyer's premium of 25% added to the hammer price of each lot for the portion up to and including $100,000; 20% on the portion from $100,001 through $1,000,000, and 12% on the portion exceeding $1,000,000 and all will be considered part of the total purchase price.

TAXES

All purchases will be subject to an 8.25% Texas sales tax unless (1) you are an out-of-state resident and your purchases are being shipped out of Texas or (2) if you are a Texas resident and you possess a valid tax-exempt number. DAG must have a blanket exemption certificate with permit number and signature on any tax exempt sale

CONDITION REPORTS

Condition reports are available on all lots with a low estimate of $500 or greater. Please email your request to [email protected] or 214-653-3900. There are multilple photos of most lots so please review them before requesting additional information. All requests will be answered in the order received and there will be no verbal condition reports under any circumstances.

TERMS AND CONDITIONS OF SALE If you register to bid or bid at any Dallas Auction Gallery (DAG) auction, then that constitutes the acceptance of the following conditions of sale: 1. Lots Offered for Sale a) All lots are offered for sale in "As Is, Where Is" condition. No statement regarding condition, kind, value, or quality of a lot, whether made orally at the auction or any other time, or in writing in our catalog or elsewhere, shall be construed to be an expressed or implied warranty or representation. Any such warranty is waived. Photos are for identification purposes only and may not convey all information. Regarding works of Art, Dallas Auction Gallery does not make any express or implied warranty as to the authenticity, history, or artist. No statement in this catalog or elsewhere, orally or in writing, shall be construed as an express or implied warranty, representation, or assumption of liability as to authenticity. Any such warranty is waived. b) Approved Bidders accept responsibility for handling their own inspections and research of all interested lots. We do our best to describe every item as best we can but do not guarantee the context of the catalog descriptions. Condition reports may be available to assist when inspecting lots. All auction preview information will be posted on our website and/or auction listing. By placing a bid, either in person, by phone, absentee or via the Internet, you signify that you have examined the items as fully as you desire to or that you have chosen not to examine them. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you have an expert examine the lot for you or do not bid on the item in question. c) You acknowledge that our knowledge of each Lot is partially dependent on information provided by the Seller, and we are not able to and do not carry out exhaustive due diligence on each lot. Information provided to you regarding any lot, including any estimates, information in the Catalog, or condition reports, is a matter of opinion only and not a representation of fact, and is dependent upon, among other things, the condition of the Lot, the degree of research, examination or testing at the time of cataloging. Any estimates should not be relied upon as a prediction of the selling price or value of a lot and may be revised at our absolute discretion. d) Dallas Auction Gallery reserves the right to withdraw any lot from an auction or cancel an auction and shall have no liability whatsoever for such withdrawal. e) Some lots in our auctions are subject to reserve bids. In no case will these bids be set above the minimum pre-sale estimate. Dallas Auction Gallery will act to protect the reserve by bidding through the auctioneer on behalf of the seller. The auctioneer may open the bidding on any lot below the reserve by placing a bid on behalf of the consignor and may continue to bid on behalf of the consignor up to the amount of the reserve. This may be done by placing consecutive bids or by placing bids in response to other bidders. 2. Bidding a) The purchase price payable by a buyer will be the sum of the hammer price plus the buyer's premium as well as any applicable sales tax. b) Buyer's Premium and Taxes - Please be reminded that the actual purchase price will be the sum of the hammer price plus the buyer's premium (In-House=25%, Online=26%) and State Taxes of 8.25%, plus if applicable any online website fees or charges. c) If you are planning to bid or buy at our auction you must first register with our Registration Department in the saleroom. This must be done at least 30 minutes prior to the auction so that we may have time to enter your information into our system. This ensures rapid processing of invoices after the sale. You will receive a bidding paddle at this time. No bids will be taken by bidders unless they have received a paddle. If you are a new client of Dallas Auction Gallery you will be asked to supply a major credit card or bank reference at this time. d) Dallas Auction Gallery reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the buyer. The auctioneer will have full discretion to determine the successful bidder should any dispute arise. The auctioneer will also have full discretion to reopen the bidding, cancel the sale or re-offer and resell the property. Should a dispute arise after the auction, our sale record is conclusive. e) Although in our discretion we will execute absentee bids or accept telephone or internet bids, we are not responsible for failing to execute such bids or for any errors or omissions in connection with these bids. f) Once the auctioneer's hammer has fallen, the title to the property passes to the buyer. At that point, the buyer assumes full responsibility for the property and shall promptly pay the full purchase price, unless other arrangements have been made in advance. The buyer will also be required to sign a confirmation of purchase. We reserve the right to impose a 15% late fee on the total purchase price if payment is not made within these guidelines. All overseas purchases must be made with a wire transfer. We will not take credit cards for overseas payments. g) No lot will be released to the buyer until payment in full has been made to Dallas Auction Gallery including the buyer's premium and any applicable taxes, or the buyer has satisfied any terms which have been agreed to prior to the auction. Payment must be received within seven business days from the date of sale. If payment has not been received within the seven day period and no other arrangements have been agreed to in writing, the sale will be deemed failed and a dispute against the bidder will be opened. h) If the buyer fails to comply with and of the Conditions of Sale, we reserve the right to utilize any remedies available to us by law and/or: i. Hold the defaulting buyer liable for the purchase price ii. Cancel the sale iii. Resell the property without reserve at public auction with seven day written notice to the defaulting buyer. i) All transactions will be governed and interpreted by the laws of the State of Texas and the Federal courts sitting in the State of Texas. j) All sales are final. Under no circumstances we offer refunds or cancel bids after the lot has sold. k) Types of Bids i) Absentee Bids (1) If you are unable to attend an auction, you may place an absentee bid. Absentee bids are written instructions from you directing Dallas Auction Gallery to bid for you on one or more lots. You will specify the maximum amount you are willing to pay for each lot. Dallas Auction Gallery will attempt to execute your absentee bid at the lowest possible price with consideration of the reserve price and other bids. If more than one bid is received for the same exact price, the first bid received by Dallas Auction Gallery will take preference. Dallas Auction Gallery offers this service free of charge to our customers but is not responsible for errors or failures to execute bids. ii) Telephone Bids (1) We do accept telephone bids for our auction. You will need to arrange this through our Client Services Department at least 24 hours prior to the auction. You will supply us with a telephone number where you can be reached and we will contact you during the auction. We do not accept any responsibility for bids that we fail to execute. iii) Internet Bids (1) You are responsible for registering as a bidder on their website at https://liveauctioneers.com. The buyer's premium for successful internet bidders is 26%. All bidding on the internet is in real time and will be accepted only during the actual auction. 3. Payment Terms: All purchases made on an online bidding platform must be paid on said platform. We do not accept payments outside of said platform. For lots purchased in person, phone bid or absentee bid: a) International Customers i) All international customers must pay by Wire/Bank Transfer. Please contact the office for wiring details. b) US Customers - For all transactions less than $2,000: Payment must be paid by: 1. Credit Card - In person or over the phone is acceptable 3. Bank Wire Transfer or ACH PaymentA 4. Certified Bank Check or Money Order 5. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable) - For all transactions $2,500.00 - $5,000.00: Payment must be paid by: 1. Credit Card 2. Bank Wire Transfer or ACH Payment 3. Certified Bank Check or Money Order 5. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable) - For all transactions greater than $5,000.00: Payment must be paid by: 1. Bank Wire Transfer or ACH Payment 2. Certified Bank Check or Money Order 3. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable) **No credit cards payments are to be accepted unless approved by the auctioneer ** - All Jewelry, Watch, or vehicle purchases valued over $2,000.00 must be paid by either: 1. Bank Wire Transfer/ACH Payment 2. Certified Bank Check or Money Order 3. Check (must wait 5-7 days to clear the bank - $25 Insufficient Funds Charge if applicable) 4) Shipping Terms: Dallas Auction Gallery DOES NOT offer in-house shipping. Shipping arrangements must be made by the buyer. All lots that have not been removed from the property within 30 calendar days from the date of the sale will be subjected to a storage fee of $10 per day per lot. Find a list of recommended shippers at https://dallasauctiongallery.com/shipping/ National/Worldwide Shipping: UPS Store 214-780-0877 [email protected] UPS Store 214-745-1000 [email protected] Navis Pack and Ship 972-870-1212 [email protected] Shipping within Texas Steinsholt Delivery 346-402-6427 https://Steinsholtdelivery.com Michael D. King & Co. 972-437-1788 https://mdkandco.com White Glove Storage & Delivery 214-748-1111 [email protected] Free pick-up is available by appointment only. Please call 214.653.3900 to arrange an appointment. All shippers or third parties picking up on behalf of buyers must have a Shipping Authorization form signed by the buyer. 5) Storage & Resale of Non-Collected Lots All lot items won by bidders must be picked up by 5:00pm of the 30th calendar day after the auction date or the buyer will be responsible for any & all charges associated with storage ($10.00/lot/day), moving and/or the resale of your purchase. All items that are not collected by 5:00pm of the 60th calendar day after an auction will be considered abandoned and will be forfeited. We do reserve the right of re-selling the forfeited lots. Unless prior arrangements have been made with Dallas Auction Gallery, items not removed by the specified time will be picked up by a third party storage facility and the buyer will be responsible for any fees the third party requires to release the item. Please call ahead to ensure your items are ready when you arrive at 214.653.3900. 6) State of Texas Guidelines: Per 16 Texas Admin Code 67.70 - Any complaints should be directed to: TEXAS DEPARTMENT OF LICENSING & REGULATION PO BOX 12157 AUSTIN, TX 78711 (512) 539-5600 WWW.TDLR.TEXAS.GOV a) All auctioneers shall notify consumers and service recipients of the name, mailing address, website https://tdlr.texas.gov, and telephone number of the department for purposes of directing complaints to the department. The notification shall be included on any auction listing contract and on at least one of the following. This subsection is effective January 1, 2015. b) A sign prominently displayed at the place of the auction or on any auction website. c) Bill of sale or receipt to be given to buyers; or d) On bidder cards. 18. These terms and conditions of sale, as well as the respective rights and obligations of DAG and any purchasers or bidder at any sale of DAG, shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 19. The auctioneer is licensed and regulated by the Department of Licensing and Regulation. Licensure with the Department does not imply approval or endorsement by the State of Texas. If you have an unresolved complaint, it should be directed to: Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 512-463-6599. Texas Auctioneers: David Lewis #16317

SHOW LESS

If you have not contacted Dallas Auction Gallery to arrange payment within 3 days of the time that invoice is sent, we will charge the credit card you used to register for the auction for the amount of your invoice.

Online purchases from Dallas Auction Gallery may be subject to sales tax. Please see the following for more details . If you are tax-exempt, you can submit your tax-exempt certificate to prevent the collection of tax. Learn more about tax-exemption .

Details zur Auktion:

Vorschau

Montag, 24. Juni bis Dienstag, 9. Juli von 10 Uhr bis 17 Uhr

2223 Monitor Street

Dallas, TX 75207

USA

Aufschlag für den Käufer

1. 26% bis zu $300.000,00
2. 26% bis zu $2.000.000,00
3. 26% über $2.000.000,00

1. Telefon - 214.653.3900
2. E-Mail: [email protected]