NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2002 Jan 07 @ 18:00UTC-08:00 : PST/AKDT
COLLECTIBLES Manuscripts 1862 Oregon Trail Correspondence consisting of two letters, both pencil written, by one Silvanus Jeffers, a member of a wagon train. The first, three pages long, is written from Fort Larima, Nebraska Territory which Jeffers indicates is four or five miles from Ft. Kearney. Jeffers mentions that he has seen many "indians" but they have been no trouble. He tells his correspondent that they are heading to Fort Hall about 600 to 700 miles away and that it will take them about six weeks to get there. A striking description of storms encountered since reaching the Platte River, some with hail so powerful that it ripped right through the wagon covers bruising the men. A bigger train camped below them fared much worse as they were pelted with hail 4" across. The letter contains much detail on other aspects of the trip as well.<BR><BR>The second letter, four pages long, is actually the next letter written. It was done in Portland, Oregon on September 16. Jeffers apologizes for not writing sooner but there was simply no way to mail it because the "indians" had stole all the stock from the stage stations along the way. Much description is given to building a new life including battles with "indians", finding timber, food, fording dangerous rivers with the wagons, talk of the Powder River mine and other mines and more.<BR><BR>An incredible look at an era we can only imagine and here it is brought to life before our eyes. Oregon Trail correspondence is not only incredibly romantic but extremely rare. The first letter is tape repaired and the second letter is creased, but this should not be surprising considering what they had been through from their creation to their mail delivery to the recipient. Fine. Estimate US$1000-2000
Auction Location:
United States
Previewing Details:
Exhibition in Beverly Hills by appointment only 9:00 A.M. to 5:00 P.M Monday through Friday Preview Dates Monday, December 17, 2001 through Friday, December 21, 2001 Wednesday, December 26, 2001 through Monday, December 31, 2001 Wednesday, January
Additional Fees:
Shipping Details:
Shipping available world-wide. Buyer pays actual cost of shipping.
Payment Details:
Visa/MasterCard, Money Order/Cashiers Checks, Personal Checks
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20. Superior will not assume responsibility for the shipping and packaging of certain larger items or items of a more fragile nature sold in this sale as determined by Superior. It is the Bidder’s responsibility to contact Superior after the sale to make shipping and packaging arrangements. Due to the fragile nature of some lots, Superior may be forced to charge additional shipping and handling. Lots indicated as being “framed” are shipped at the Bidder’s risk.
PHILATELIC SECTION
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21. DISCLAIMERS AND WARRANTIES: ALL ITEMS OFFERED IN THIS CATALOGUE ARE GUARANTEED TO BE AUTHENTIC, AS DESCRIBED. THIS IS A LIMITED WARRANTY THAT THE ITEMS SOLD ARE NOT COUNTEFEIT. THE GUARANTEE DOES NOT APPLY TO ITEMS THAT ARE SOLD “AS IS,” OR IF THEY ARE OTHERWISE DESCRIBED. THE WARRANTY OF AUTHENTICITY SHALL NOT APPLY TO COLLECTIONS OR LOTS CONTAINING TEN OR MORE STAMPS. FUTHERMORE, ITEMS THAT HAVE CERTIFICATES OF AUTHENTICITY ISSUED WITHIN THE LAST FIVE YEARS BY AN ACCEPTED EXPERTIZING AUTHORITY (WHICH FOR U.S. STAMPS SHALL INCLUDE THE PHILATELIC FOUNDATION IN NEW YORK AND THE PROFESSIONAL STAMP EXPERTIZING SERVICE IN CALIFORNIA) OR WHICH HAVE BEEN SUBMITTED DIRECTLY TO AN EXPERTIZING AUTHORITY BY THE BIDDER ARE SOLD “AS IS” AND ARE NOT GRANTED AN EXTENSION.
a. In the event a question arises as to the authenticity of an item, the Bidder who purchases the item must return the item to Superior, with a written request Extension. Superior will submit all such items to an independent authority chosen by Superior for certification (in the case of U.S. Stamps, the accepted authorities are the Philatelic Foundation in New York and the Professional Stamp Expertizing Service in Miami). No request for Extension will be considered unless the lot has been returned to and received by Superior within twenty-five (25) days of the Auction Sale. Except with respect to items that are not guaranteed as authentic, Bidders who purchase certified items must pay as part of the purchase price all charges for certification, including postage, insurance and handling. Bidders of items for which Extensions are requested must pay for all such items in full at the time of the Auction Sale.
b. Except as set forth above, if an item is delivered and the Bidder claims the item is not in the condition as described when the bid was made and accepted, the bidder must submit a written claim within seven (7) calendar days of the receipt of the item(s). The item must also be returned with the written claim to enable Superior to consider the Bidder’s claim.
c. In the event any item is determined not to be authentic, as set forth herein, then Bidder shall be entitled to rescind the purchase for that particular item. Upon return of an item to Superior, any bid payment for that item advanced by Bidder shall be returned to Bidder without interest and the transaction shall be rescinded. In no event shall the amount refunded exceed the total purchase price paid by Bidder.
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MANUSCRIPT SECTION
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a. All items presented in the Manuscript section of this Auction Catalogue are guaranteed to be authentic. This is a limited warranty that the item or lots sold are not counterfeit. ANY OTHER WARRANTY IS EXPRESSLY DISCLAIMED.
i. All claims pertaining to lack of authenticity must be made in writing to Superior within twelve (12) months from the date of the Auction Sale and only by the original Bidder of record at the Auction Sale.
ii. Items are sold under the condition that any claims to the contrary regarding grading or authenticity are subject to the generally accepted opinion of scholars and experts at the time of the Auction Sale subject to methods of verification used for that sale. This limited warranty of authenticity does not cover scientific processes not generally accepted for use at the time of the Auction Sale or which are unreasonably costly or impractical.<p>
b. Certain prints, photographs, and/or sculpture casts are subject to the California Civil Code § 1740 et. seq., and will be sold with a Certificate of Authenticity containing express warranties of the information set forth therein (“Fine Prints”).<p>
c. All Sports Memorabilia that are not autographed, large lots that do not include Fine Prints, and other collectibles offered in this catalogue are sold on an “AS IS” basis and are not subject to return for any reason including lack of authenticity. No warranty, whether expressed or implied, including a warranty of merchantability, is made with respect to any grade or description, which is only an opinion that is likely to differ, even among experts.<p>
22. All oral and written statements made by Superior and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Superior has authority to vary or alter these Terms and Condition of Sale. Any alteration shall be effective only if in writing and signed by an officer of Superior authorized to do so. <p>
23. Bidders shall have no recourse against the Consignor for any reason whatsoever.<p>
24. Superior reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Bidder shall have a right to claim any consequential damages if a lot is withdrawn, even after the auction sale.<p>
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26. Bidder grants to Superior or its assigns the right to offset any sums due, or found to be due to Superior, and to make such offset from any past, current, or future consignment; purchases that are in the possession or control of Superior; or from any sums due to Bidder by Superior. Bidder further grants Superior a purchase money security interest in such sums or items to the extent applicable. Bidder agrees that Superior and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Superior, to the extent of the maximum indebtedness, plus all accrued expenses attorney fees and costs, until the indebtedness is paid. Bidder grants Superior the right to file a UCC on such items without need for Bidders signature, and to assign such interest to any affiliated or related company or any third party deemed appropriate by Superior.<p>
27. In the event a successful Bidder fails to make payment when due, Superior reserves the right to resell the lot(s) in a commercially reasonable manner, which may include a private sale. Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, including reasonable attorneys’ fees and costs, cataloguing and any other reasonable charges.<p>
28. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will earn interest at the rate of one-and-one-half percent (11Ú 2 %) per month until it is paid in full. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. Bidder agrees to pay all reasonable attorneys’ fees, court costs and other collection costs incurred by Superior or any affiliated or related company to collect past due invoices. Superior reserves the right to assign its interest to any third party.<p>
29. Bidder expressly consents to the following Waiver and Release: Bidder, for himself, his heirs, agents, successors and assigns, generally and specifically waives and releases, and forever discharges Superior, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and each of them, and their respective successors and assigns from any and all claims, rights, demands and causes of action and suits, of whatever kind or nature, whether in law or equity, whether known or unknown, suspected or unsuspected, which Bidder may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any goods purchased, the sale itself, and/or the auction, except where such reimbursement is otherwise authorized in these Terms and Conditions of Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder, and Purchaser hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred upon him by the provisions of Section 1542 of the California Civil Code, which reads in full as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”<p>
30. Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor’s assigns, as the case may be, until the lot is paid for in full by Bidder. Superior reserves the right to require payment in full before delivering any lot to the successful Bidder.<p>
31. It is the Bidder’s responsibility and obligation to have the lots fully insured while in his or her possession. Bidder assumes any and all RISK OF LOSS while the lot(s) is in Bidder’s possession.<p>
32. If a dispute arises concerning ownership of a lot that has been bid upon, Superior reserves the right to commence a statutory interpleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys’ fees and costs.<p>
33. All photographs in this catalogue are of the actual items being sold but may not be the actual size or to scale.<p>
34. Superior reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever. No Bidder shall have any claim as a result thereof, including incidental or consequential damages.<p>
35. Neither Superior nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Sale, the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price, premium, or fees paid. <p>
36. Rights granted to Bidders under the within Terms of Conditions of Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Superior. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Sale.<p>
37. If the Bidder fails to comply with one or more of these Terms and Conditions of Sale, then, in addition to all other remedies which it may have at law or in equity, Superior may at its sole option, either (a) cancel the sale, retaining all payments made by Bidder as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell a portion or all of the lot(s) held by Superior, in a quantity sufficient in the opinion of Superior to satisfy the indebtedness, plus all accrued charges. More than one such sale may take place at the option of Superior. Notice of the sale shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by Superior. Such sale will be at Superior’s standard commission rates at public or private sale. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder’s breach, then to any other indebtedness owed to Superior, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys’ fees, costs, collection agency fees and costs and any other costs or expenses incurred. Bidder is also liable to Superior if the proceeds of such sale or sales is insufficient to cover the indebtedness. <p>
38. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, regardless of the location of the Auction Sale. Bidder acknowledges and agrees that the competent courts of the State of California shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Bidder hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of California, regardless of any party’s current or future residence or domicile. Bidder further agrees that venue shall be in the Superior Court for Los Angeles County, in the State of California.<p>
39. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any.