Signed, oil on canvas
56cm x 51cm (22in x 20in)
Provenance: Acquired from Alexander Reid, La Société des Beaux-Arts, Glasgow in 1924 by Ion R. Harrison
Exhibited: Samuel John Peploe, La Société des Beaux-Arts, Glasgow, 1924
Fine Art Section, Empire Exhibition, Bellahouston Park, Glasgow 1938, no.28
Pictures from a Private Collection: Peploe, Fergusson, Hunter, Cadell, McLellan Galleries, Glasgow, 1951
Three Scottish Colourists, Scottish Arts Council Gallery, Glasgow 1970 and tour, no. 71
Literature: Ion R. Harrison, 'As I Remember Them' in T. J. Honeyman, Three Scottish Colourists: Peploe, Cadell, Hunter, London 1950, p. 119, repr. col. pl. VI.
Guy Peploe, S. J. Peploe, Farnham 2012, p. 137, repr. col. fig. 144.
Note: Roses and Fruit is a superlative painting by Peploe. It not only shows the artist at the very height of his powers but was also part of one of the most important collections of the work of the Scottish Colourists ever assembled.
Having explored the visual possibilities of the tulip in the immediate post-World War One period, roses emerged as Peploe's favoured flower in the early 1920s. They became the subject of the most celebrated paintings of his career. The interplay of light and colour amidst their layered heads, as well as the formal contrast with their strongly defined leaves proved endlessly inspirational. On a practical level, roses maintained their shape long enough to satisfy Peploe's painstaking working methods.
In his still lifes of the decade, Peploe brought to bear all the experience he had gained in the genre as an emerging artist in Edinburgh before the war, his experimentation in pre-war Paris and the development of his practice during the conflict. Peploe's exploration of the work of artists from Edouard Manet, to Vincent van Gogh and Paul Cézanne were brought to a triumphant and original conclusion in this period, as revealed in Roses and Fruit.
This ambitious and confidently realised work features many of Peploe's most treasured still-life objects, from fruit compotier to gold-rimmed tea-cup and be-ribboned black fan. Each element is carefully placed in relation to the others, creating a sense of balance and allowing a seamless visual journey from drapery in the foreground to plate in the foreground. The cropping of, for example, the aspidistra leaf which enters from the left, is a clever device suggesting the space beyond the canvas, into which the viewer is invited to join the artist. The complex and triumphant realisation of the roses, their stems in water and the view through the vases are passages of extraordinary skill. A gentle palette is combined with bright colour, especially in the fruit, to provide rhythm and structure. It was with works such as Roses and Fruit that Peploe rose to international prominence in the 1920s and on which his enduring reputation as one of Scotland's most important artists is based.
In 1915, Peploe had his first solo exhibition at Alexander Reid's gallery, La Société des Beaux-Arts, in Glasgow. Thus began a long and productive relationship with the business, which expanded to London, involving regular exhibitions throughout the rest of Peploe's life. As a result, many art lovers were introduced to Peploe's work, not least the Glasgow ship-owner Ion R. Harrison. He purchased Roses and Fruit from Alexander Reid when it was included in a solo exhibition in the city in 1924. It was one of the first two paintings by the Scottish Colourists which he acquired before going on to become one of their most significant patrons.
In 1950 Harrison recalled: 'In was in 1921 or 1922 that I first became interested in the work of the...Scottish Colourists. The first exhibition of Peploe's which I saw was in Alex. Reid & Lefevre's, West George Street, Glasgow. Mr Peploe at that time had an Exhibition of Flower Pictures...I had never seen anything in art similar to these pictures...The first pictures I bought of the...Colourists were from a Peploe exhibition at Reid's which was held in March 1924. One was the beautiful Pink Rose Picture [sic - he is referring to the present work, which is titled Roses and Fruit under its reproduction in the book] and the other the smaller storm seascape painted at the North End, Iona. I recollect the thrill it gave me to hang my first two Peploes.' (Harrison, op.cit, p. 119)
Harrison not only went on to acquire many of Peploe's most important paintings, but was also able to develop a friendship with the notoriously private artist. He explained: 'It was through Cadell that I first met Peploe and it was when Cadell was starting to paint a portrait of my wife that Peploe joined us at Croft House for a weekend. This was a very great privilege for us, for Peploe did not care for visiting people unless he knew them very well. It was a very happy weekend indeed and Peploe was pleased to see his pictures hanging together in their surroundings...I held him in great esteem and regard him as a very great artist.' (ibid, p.123).
Indeed, over time the walls of the Harrison family home, Croft House in Helensburgh, were hung with masterpieces not only by Peploe, but also by Cadell, J. D. Fergusson and George Leslie Hunter. Such was the eventual importance of the Harrison Collection that it was exhibited at the McLellan Galleries in Glasgow in 1951.
Roses and Fruit is being sold to support various charities.
Sold for £735,000
(Inclusive of Buyer's Premium)
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Auction: Scottish Paintings & Sculpture ft. S.J. Peploe at 150, Thu, 9th Dec 2021
Viewing at 33 Broughton Place, Edinburgh
Fri 3rd Dec 10-5pm
Sun 5th Dec 12-4pm
Mon 6th-Wed 8th Dec 10-5pm
Day of sale by appointment
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1. ADMISSION TO OUR AUCTIONS
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3. AUCTIONEER’S DISCRETION
The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer’s absolute discretion. The Auctioneer may move the bidding backwards of forwards in any way he or she may decide or change the order of the Lots. The Auctioneer may also; refuse any bid, withdraw any Lot, divide any Lot or combine any two or more Lots, reopen or continuing bidding even after the hammer has fallen.
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Unless the Auctioneer decides to use their discretion as set out above, when the Auctioneer’s hammer falls, we have accepted the last bid. This means a contract for sale has been formed between the Seller and the successful Bidder. We will issue an invoice only to the registered Bidder who made the successful bid. While we send out invoices by post/or email after the auction, we do not accept responsibility for telling You whether or not Your bid was successful. If You have bid by written bid, You should contact us by telephone or in person as soon as possible after the auction to get details of the outcome of our bid to avoid having to pay unnecessary storage charges.
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1. THE PURCHASE PRICE
For each Lot purchased a Buyer’s Premium of 25% of the Hammer Price of each Lot up to and including £500,000, plus 20% from £500,001 thereafter. VAT at the appropriate rate is charged on the Buyer’s Premium. No VAT is payable on the Hammer Price or premium for printed books or unframed maps bought at auction.
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3. ARTIST’S RESALE ROYALTY (DROIT DE SUITE)
This symbol § indicates works which may be subject to the Droit de Suite or Artist’s Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the Hammer Price and in addition to the Buyer’s Premium. It will not apply to works where the Hammer Price is less than €1,000 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the Auctioneer. Resale royalties are not subject to VAT. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.
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 Sellers is not the owner of or a joint owner of the Lot, has the permission of the owner to sell the Lot, or the right to do so in law, and;
(b) Had the right to transfer ownership of the Lot to the Buyer without any restrictions or claims by anyone else.
If either other above warranties are incorrect, the Seller shall not have to pay more than the Purchase Price (as defined in the glossary) 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 expense. The Seller gives no warranty in relation to any Lot 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 obligations upon the Seller which may be added to this agreement by law, are excluded.
2. AUTHENTICITY GUARANTEE
We guarantee that the authorship, period, or origin (collectively, “Authorship”) of each Lot in this Catalogue is as stated in the BOLD or CAPITALISED type heading in the Catalogue description of the Lot, as amended by oral or written saleroom notes or announcements. We make no warranties whatsoever, whether express or implied, with respect to any material in the Catalogue other than that appearing in the Bold or Capitalised heading and subject to the exclusions below.
In the event we, in our reasonable opinion, deem that the conditions of the authenticity guarantee have been satisfied, it shall refund to the original purchaser of the Lot the Hammer Price and applicable Buyer’s Premium paid for the Lot by the original purchaser.
This Guarantee does not apply if:
(a) The Catalogue description was in accordance with the opinion(s) of generally accepted scholar(s) and expert(s) at the date of the sale, or the Catalogue description indicated that there was a conflict of such opinions; or
(b) the only method of establishing that the Authorship was not as described in the Bold or Capitalised heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in our reasonable opinion) to have caused damage to the Lot or likely to have caused loss of value to the Lot; or
(c) There has been no material loss in value of the Lot from its value had it been in accordance with its description in the Bold or Capitalised type heading.
This Guarantee is provided for a period of one year from the date of the relevant auction, is solely for the benefit of the original purchaser of the Lot at the auction and may not be transferred to any third party. To be able to claim under this Authenticity Guarantee, the original purchaser of the Lot must:
(a) notify us in writing within one month of receiving any information that causes the original purchaser of record to dispute the accuracy of the Bold or Capitalised type heading, specifying the Lot number, date of the auction at which it was purchased and the reasons for such dispute; and
(b) return the Lot to our registered office in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
We have discretion to waive any of the above requirements. We may require the original purchaser of the Lot to obtain, at the original purchaser of Lot’s cost, the reports of two independent and recognised experts in the field. The reports must be mutually acceptable to us and the original purchaser of the Lot. We shall not be bound by any reports produced by the original purchaser of the Lot, and Reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original Purchase Price paid (the successful Hammer Price, plus the Buyer’s Premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law. Lyon & Turnbull and the Seller shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
3. YOUR WARRANTIES
(a) You warrant that the funds used for settlement are not connected with any criminal activities, including tax evasion and You are neither; under investigation, have been charged with or convicted of money laundering, terrorist activities or other crimes.
(b) Where You are bidding on behalf of another person You warrant that:
(i) You have conducted appropriate customer due diligence on the ultimate Buyer(s) of the Lot(s) in accordance with all relevant anti-money laundering legislation, consent to us relying on this due diligence, and You will retain for a period of not less than five years the documentation evidencing the due diligence. You will make such documentation promptly available for immediate inspection by a 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, and;
(iii) You do not know, and have no reason to suspect that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion, or that the ultimate Buyer(s) are under investigation or have been charged with or convicted of money-laundering, terrorist activities, or other crimes.
1. MAKING PAYMENT
(a) Within 7 days of a Lot being sold You will pay to us the Total Amount Due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. Please note that we do not accept cash payments over £5,000 per Buyer per year.
(b) Any payments by You to us can be applied by us towards any sums owing by You to us howsoever incurred and without agreement by You or Your agent, whether express or implied.
(c) We will only accept payment from the registered Bidder. Once issued, we cannot change the Buyer’s name on an invoice or re-issue the invoice in a different name.
(d) The ownership of any Lots purchased shall not pass to You until You have made payment in full to us of the Total Amount Due. The risk in and the responsibility for the Lot will transfer to You from whichever is the earlier of the following:
(i) When You collect the Lot; or
(ii) At the end of the 30th day following the date of the auction, or, if earlier, the date the Lot is taken into care by a third party unless we have agreed otherwise with You in writing.
(e) You shall at Your own risk and expense take away any Lots that You have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any cheque used for payment whichever is later. We can provide You with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(f) No purchase can be claimed or removed until it has been paid for.
(g) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time.
(h) If you agree to our pack and send service (if applicable) payment of shipping fees must be made prior to us posting. Any shipping fee will be inclusive of VAT.
2. IN THE EVENT OF NON-PAYMENT
If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) To proceed against You for damages for breach of contract;
(b) To rescind the contract for sale of that Lot and/or any other Lots sold by us to You;
(c) To resell the Lot(s) (by auction or private treaty) in which case You shall be responsible for any resulting deficiency in the Total Amount Due (after crediting any part payment and adding any resale costs).
(d) To remove, store and insure the Lot in the case of storage, either at our premises or elsewhere and to recover from You all costs incurred in respect thereof;
(e) To charge interest at a rate of 5% a year above the Bank of Scotland base rate from time to time on all sums outstanding for more than 7 working days after the sale;
(f) To retain that or any other Lot sold to You until You pay the Total Amount Due;
(g) To reject or ignore bids from You or Your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) To apply any proceeds of sale of other Lots due or which become due to You towards the settlement of the Total Amount Due by You and to exercise a lien over any of Your property in our possession for any purpose until the debt due is satisfied. 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; we may decide to sell Your property in any way we think appropriate. We will use the proceeds of the sale against any amounts You owe us and we will pay any amount left from that sale to You. If there is a shortfall, You must pay us the balance; and
(i) Take any other action we see necessary or appropriate.
G. COLLECTION & STORAGE
(1) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time. Information on collection is set out in the Catalogue and our Website
(2) Unless agreed otherwise, You must collect purchased Lots within seven days from the auction. Please note the Lots will only be released upon full payment being received.
(3) If You do not collect any Lot within seven days following the auction we can, at our discretion;
(i) Charge You storage costs at the rates set out on our Website.
(ii) Move the Lot to another location or an affiliate or third party and charge You transport and administration costs for doing so and You will be subject to the third party storage terms and pay for their fees and costs.
(iii) Sell the Lot in any way we think reasonable.
H. TRANSPORT & SHIPPING
1. TRANSPORT AND SHIPPING
(a) We will include transport and shipping information with each invoice sent to You as well as displayed on our Website. You must make all transport and shipping arrangements.
(b) We offer a limited pack and send service using Royal Mail on small jewellery items. When items leave our premises and are in transit via postal service We are not responsible for any damage or loss incurred. We are also not responsible for making any claim regarding loss or damage to items. A tracking reference number will be issued which can be used to raise a claim with the relevant shipping provider.
(c) We offer a pre-sale quoted price using a third party - Mailboxes etc. Should you select this shipping option you agree to share your personal details with this third party. Mailboxes etc will contact you to confirm details and whether you wish to add insurance in addition.
2. EXPORT OF GOODS
Buyers intending to export goods should ascertain;
(a) Whether an export licence is required; and
(b) Whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the Buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the Lot.
3. CITES: ENDANGERED PLANTS AND ANIMALS LEGISLATION
Please be aware that all Lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites
We accept no liability for any Lots which may be subject to CITES but have not be identified as such.
I. OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information give, by us, our representatives or employees about any Lot other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are exclude. The Seller’s warranties contained in paragraph E.1 are their own and we do not have a liability in relation to those warranties.
(b) (i) We are not responsible to You for any reason whether for breaking this agreement or 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 other than as expressly set out in these conditions of sale; or
(ii) We do not give any representation, warranty or guarantee or assume any liability for a 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.
(c) in particular, please be aware that our written and telephone bidding services, Lyon & Turnbull Live, Condition Reports, currency converter and saleroom video screens are free services and we are not responsible for any error (human or otherwise) omission or breakdown in these services.
(d) We have no responsibility to any person other than a Buyer in connection with the purchase of any Lot
(e) If in spite of the terms of this paragraph 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 for any reason for loss of profits, business, loss of opportunity or value, expected savings or interest, costs damages or expenses.
J. OTHER TERMS
1. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a Lot if;
(i) Any of our warranties are not correct, as set out in paragraph E3,
(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.
We may videotape and record proceedings at any auction. We will keep any personal information confidential, except to the extent disclosure is required by law if You do not wish to be videotaped, You may make arrangements to bit by telephone or a written bid or bid on Lyon & Turnbull Live instead. Unless we agree otherwise in writing, You may not videotape or record proceedings at any auction.
We own the copyright in respect of all images, illustrations and written material produced by or for us relating to a Lot. (Including Catalogue entries unless otherwise noted in the Catalogue) You cannot use them without our prior written permission. We do not offer any guarantee that You will gain any copyright or other reproductions to the Lot.
4. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as deleted and the rest of this agreement will remain in force.
5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer Your rights of responsibilities under these terms on the contract of sale with the Buyer 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. REPORTING ON WWW.LYONANDTURNBULL.COM
Details of all Lots sold by us, including Catalogue descriptions and prices, may be reported on www.lyonandturnbull.com. Sales totals are Hammer Price plus Buyer’s Premium and do not reflect any additional fees that may have been incurred. We regret we cannot agree to requests to remove these details from our Website.
7. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) We undertake to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a Lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.
8. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the premises, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
9. DATA PROTECTION
10. FORCE MAJEURE
We shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
11. LAW AND JURISDICTION
(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.
K. DEFINITIONS & GLOSSARY
The following words and phrases used have (unless the context otherwise requires) the meaning to given to them below. The go Glossary is to assist You to understand words and phrases which have a specific legal meaning which You may not be familiar with.
“Auctioneer” Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or it’s authorised representative conducting the sale, as appropriate;
“Bidder” a person who has completed a Bidding Form
“Bidding Form” our Bidding Registration Form our Absentee Bidding Form or our Telephone Bidding Form.
“Buyer” the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to by the words “You” and “Your”
“Buyer’s Premium” the sum calculated on the Hammer Price at the rates stated in Catalogue.
“Catalogue” the Catalogue relating to the relevant Sale, including any representation on our Website
“Condition Report” the report on the physical condition of a Lot provided to a Bidder or potential Bidder by us on behalf of the Seller.
“Estimate” a statement of our opinion of the range within the hammer is likely to fall.
“Hammer Price” the level of bidding reached (at or above any Reserve) when the Auctioneer brings down the hammer;
“High Cumulative Value of Lot” several Lots with a total lower Estimate value of £30,000 or above;
“High Value Lot” a Lot with a lower Estimate of £30,000 or above;
“Lot” each Item offered for sale by Lyon & Turnbull;
“Purchase Price” is the aggregate of Hammer Price and any applicable Buyer’s Premium, VAT on the Hammer Price (where applicable), VAT on the Buyer’s Premium and any other applicable expenses;
“Reserve” the lowest price below which an item cannot be sold whether at auction or by private treaty;
“Sale” the auction sale at which a Lot is to be offered for sale by us.
“Seller” the person who offers the Lot for Sale. We act as agent for the Seller.
“Total Amount Due” the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
“VAT” value added tax at the prevailing rate at the date of the sale in the United Kingdom.
“Website” Lyon & Turnbull’s Website at www.lyonandturnbull.com
The following have specific legal meaning which You may not be familiar with. The following glossary is intended to give You an understanding of those expressions but is not intended to restrict their legal meanings:
“Artist’s Resale Right” the right of the creator of a work of art to receive a payment on Sales of that work subsequent to
“Knocked Down” when a Lot is sold to a Bidder, indicated by the fall of the hammer at the Sale.
“Lien” a right for the person who has possession of the Lot to retain possession of it.
“Risk” the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value.
“Title” the legal and equitable right to the ownership of a Lot.
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