Auction Date:2015 Apr 15 @ 18:00 (UTC-5 : EST/CDT)
Location:236 Commercial St., Suite 100, Boston, Massachusetts, 02109, United States
ALS - Autograph Letter Signed
ANS - Autograph Note Signed
AQS - Autograph Quotation Signed
AMQS - Autograph Musical Quotation Signed
DS - Document Signed
FDC - First Day Cover
Inscribed - “Personalized”
ISP - Inscribed Signed Photograph
LS - Letter Signed
SP - Signed Photograph
TLS - Typed Letter Signed
ALS in French, unsigned, four pages on two adjoining sheets, 8.25 x 12.75, no date but circa January 1777. Letter to Maitre Gaufridy. In full (translated): "The memo of this man is false and full of slander, where it is clear that it is carried out by the people who came here, whom I did not want to, I can only answer with the notes added to the given memo; and as for his conduct here, that he denies, the record of the proceedings that he denies and that I have sent you is authentic. This man is obviously a cheater and a man of bad faith, as he had promised Mr. Paulet to be quiet until Lent and yet, he has made some steps. And you see, even assuming that the girl will be released, that rascal will return on the alleged insults to those people who came, you see that he is the Don Quixote. Indeed what has in common the case of his daughter with this slander?
All I can tell you is that the girl is ready, she testified that she was happy and had no reason to complain, and that is all what I wanted; but she would have only left with Mr de Castillon, this is something you can certify to this man. Besides, his case is going on and continues with the utmost rigor and if you want to see it, we shall send it to you. We already have enough to hang him though, and so please tell him, that all the witnesses he called for himself did actually file against him yesterday. What to do now. I do not know. If it was me, I know what I would do; because, as it is certain that this man wanted to kill me, I would ask Blancard to stop him on the spot. We would certainly find him with his bullets and pistol; once he would have been arrested, the procedure would soon be over and then we would send horsemen and the procedure to Aix, and in the same time, Mrs would bring her daughter to Mr Castillon. So Sir, that is what to do and what you would probably not do, due to the habit is to crush one who is not happy. But if it is not justice here, at least, I would certainly get much in Paris, and Madame de Montreuil will surely stop this man on his return to Montpellier; all I can add to this is to ask you to watch out this man if you do want to arrest him and to send me two riders from Apt soon, as soon as you lose his track, or that you would have known that he had taken our side.
Answer by numbers, to this man’s memo:
No. 1 See if, to this word 'beautiful,' an epithet which should not fit her, it does show this man is bad hearted
No. 2 Besson came only with Treillet,
No. 3 Everyone and his daughter would say otherwise.
No. 4 This letter is a fake and Durand would never have showed it, moreover father Treillet could not have seen it because he does not know how to read. Therefore he takes it as what he was told and people had lied to him; to support something like this, you should have some proof in hand.
No. 5 A servant brought them to get their sleep, Mrs. S did not only accompany them there. She stayed with Madame and Father Durand chatting, and they later locked themselves overnight until four a.m., when the servant went to wake them up to leave.
No. 6 I have one word to say here, assuming I had (1) found these people (who represented the worst that can be found in the nature, as for the age and figure), but supposedly, I say that I would have found worthy of satisfying desires, it is likely that if they were coming to stay at home, I would have kept them, and deciding to keep them, I would not have attempted against their modesty. I would have had time to stay there with them. By then, as nothing is safer, I decided that same evening to return, given the little need I had, and I never asked for them, it is more likely that I would not let myself to insult those people whom I needed to see going the next morning and that I would have put in a position to go and complain. Didn’t I plan that these people would have had the mood of this journey in white? Would I go and worsen this mood by using insults at night? It was necessary that I should be so crazy to do such a mistake and I have certainly not done it! As for the money exchange, no one knows better than Mr. Gaufridy that during those days, I did not have money. All these are some recriminations and slanders invented to make me go back more than ever to this need to arrest this man with one hand and to send the other daughter to Mr. Castillon with the other hand.
No. 7 All of these insults are faked and it was him who started with some impertinence that forced me not to listen; I ask you this, Mister lawyer, to read again the end of my letter from Aix, since I last wrote. You shall be able to read there everything you need to answer and object to this man.
No. 8 All falsehoods denied by the procedure and the testimony of the girl.
No. 9 False. At first, there was no witness, unfortunately, I would have liked that there would have been some, and all of those whom this man talked about there (kindly tell him) have filed against him.
No. 10 The child of fourteen is the greatest falsehood.
Mr Paulet supports and has already confirmed the opposite. Him being a landkeeper! Yes, to make him relax, his daughter and Mr. Paulet could offer him that, in this view, but the rest is true. I therefore conclude, Sir, to arrest this man, or otherwise you shall prove me that one only wants my loss."
In very good condition, with central vertical and horizontal folds, tears and some paper loss to bottom edge, ink erosion to several letters, and show-through from writing to opposing sides. This is a response to charges against the Marquis de Sade filed by Mr. Treillet, the father of one of the servants at the Marquis's Cheateau de Lacoste. Treillet's daughter, a cook at Lacoste, had been hired along with some other girls through a monk, Father Durand, who is referenced in this letter. Upset by the Marquis's overt advances, three of them fled from Lacoste and returned to their home in Montpellier. When of the incident reached Treillet, whose daughter had remained, he paid a visit to the Marquis de Sade and demanded to see his daughter, which the Marquis granted. The daughter claimed to be perfectly happy with her situation, had no complaints, and intended to stay at Lacoste. As the Marquis de Sade began to escort her father away from the property, Treillet drew a pistol and fired point blank at his chest. Luckily for the Marquis, the pistol misfired and Treillet fled the scene. Soon afterward he decided that it would be best to send the girl home to Montpellier, but she—apparently under the spell of the Marquis de Sade's charms—begged to stay, and he relented. An uncommon and exceedingly desirable letter with content encompassing the Marquis de Sade's frequent legal troubles and famous sexual exploits.
Auction Location:
236 Commercial St., Suite 100, Boston, Massachusetts, 02109, United States
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Title:
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40. RR Auction reserves the right to postpone the auction sale or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.
41. RR Auction reserves the right to withdraw any lot at any time, even after the hammer has fallen, until the Bidder has taken physical possession of the lot. No Consignor who has registered to bid at the sale (or at any other time unless otherwise provided in the consignment agreement), or any Bidder or prospective Bidder shall have a right to claim any consequential damages if a lot is withdrawn, even after the sale.
42. The highest qualified Bidder recognized by the Auctioneer shall be the Buyer. In the event of a tie bid, the earliest bid received or recognized wins. In the event of any dispute between any Bidders at an Auction, Auctioneer may at his sole discretion reoffer the lot. Auctioneer’s decision and declaration of the winning Bidder shall be final and binding upon all Bidders. Bids properly offered, whether by floor Bidder or other means of bidding, may on occasion be missed or go unrecognized; in such cases, the Auctioneer may declare the recognized bid accepted as the winning bid, regardless of whether a competing bid may have been higher. Auctioneer reserves the right after the hammer falls to accept bids and reopen bidding for bids placed through the Internet or otherwise.
43. Lots bearing bidding estimates shall open at Auctioneer’s discretion. In the event that no bid meets or exceeds that opening amount, the lot shall pass as unsold.
44. All items are to be purchased per lot as numerically indicated and no lots will be broken unless decided by RR Auction. Auctioneer reserves the right to withdraw, prior to the close, any lots from the Auction.
45. Auctioneer reserves the right to rescind the sale in the event of nonpayment, breach of a warranty, disputed ownership, failure to execute the reserve, auctioneer’s clerical error or omission in exercising bids and reserves, or for any other reason and in Auctioneer’s sole discretion.
46. Auctioneer occasionally experiences Internet and/or Server service outages, and Auctioneer periodically schedules system downtime for maintenance and other purposes, during which Bidders cannot participate or place bids. If such outages occur, RR Auction may at our discretion extend bidding for the Auction. Bidders unable to place their Bids through the Internet are directed to contact Client Services at 1-603-732-4280.
47. The Auctioneer has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer’s Premium, return rights, and disclaimers.
Internet Auction – Extended bidding & the 30 Minute Rule:
48. Any bidder may bid on any lot prior to 6 pm. At that time, the Extended Bidding goes into effect. If you have not bid on a lot before 6 pm, you may not bid on that lot after 6 pm. Only those bidders who have placed bids on a lot before 6 pm will be allowed to bid on that lot after 6 pm. If you are the only bidder on a lot at 6 pm, that lot is awarded to you. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm. All lots WITHOUT an opening bid at 6 pm will remain OPEN to ALL bidders until 7 pm or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm, whichever comes first. For all lots that are active after 7 pm, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot. The 30 Minute Rule is applied on a PER LOT BASIS; each lot in the auction closes individually based on bidding activity after 7 pm. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm. If you are the high bidder, raising your maximum bid will NOT reset the timer. RR Auction reserves the right to close the auction at any time at its sole discretion.
Auctioneer’s Discretion:
49. RR Auction shall determine opening bids and bidding increments. The auctioneer has the right in its absolute discretion to reject any bid in the event of dispute between bidders or if the auctioneer has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful bidder in the event of a dispute between bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, RR Auction’s record of final sale shall be conclusive. The auctioneer also may reject any bid and withdraw the lot from sale if the auctioneer decides either that any opening bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by the auctioneer at the time of sale, no lots may be divided for the purpose of sale.
Reserves:
50. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property.
Off-Site Bidding:
51. Bidding by telephone, facsimile-transmission (fax-in), on-line, or absentee bidding (advance written bids submitted by mail) are offered solely as a convenience and permitted subject to advance arrangements, availability, and RR Auction’s approval which shall be exercised at RR Auction’s sole discretion. Neither RR Auction nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for off-site bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.
RR Auction’ Remedies:
52. Failure of the Bidder/Buyer to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, RR Auction may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder/Buyer liable for the Purchase Price or to charge and collect from the defaulting Bidder/Buyer’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Buyer as damages (the Bidder/Buyer understands and acknowledges that RR Auction will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate RR Auction for such damages; (b) resell the property without reserve at public auction or privately; (c) charge the Bidder/Buyer interest on the Purchase Price at the rate of one and one-half per cent (1.5%) per month or the highest allowable interest rate; (d) take any other action that RR Auction, in its sole discretion, deems necessary or appropriate to preserve and protect RR Auction’ rights and remedies. Should RR Auction resell the property, the original defaulting buyer shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such buyer is the successful bidder on more than one lot and pays less than the purchase price for the total lots purchased, RR Auction shall apply the payment received to such lot or lots that RR Auction, in its sole discretion, deems appropriate. If RR Auction does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any buyer failing to comply with these Conditions of Sale shall be deemed to have granted RR Auction a security interest in, and RR Auction may retain as collateral such security for such buyer’s obligations to RR Auction, any property in RR Auction’ possession owned by such buyer. RR Auction shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by The Commonwealth of Massachusetts.
Warranties:
53. RR Auction does not provide any warranties to Bidders or Buyers, whether expressed or implied, beyond those expressly provided for in these Conditions of Sale. All property and lots are sold “as is” and “where is”. By way of illustration rather than limitation, neither RR Auction nor the consignor makes any representation or warranty, expressed or implied, as to merchant ability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither RR Auction nor the consignor makes any representation or warranty, expressed or implied, as to whether the Buyer acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. RR Auction does not make any representation or warranty as to title.
54. All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Generally Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by RR Auction to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.
55. Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and RR Auction urges Bidders to avail themselves accordingly.
56. FIREARMS. Auctioneer complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.
Important Notice: Many identical versions of props and costumes are created for film and television productions in the normal course of a production. RR Auction does not warrant or represent that the screen shots referenced are exact images of the offered item (unless specifically noted in the written description). Use of a screen shot does not constitute a warranty or representation of authenticity or provenance. There is not a right of return or refund based upon a claim arising out of or pertaining to any reference to a screen shot.
57. Lots and property are not returnable to RR Auction for any reason except under Buyer’s limited Remedies set forth in Sections 58 and 59 below and under the express terms and conditions of Section 58.
Limitation of Damages:
58. In the event that RR Auction is prevented for any reason from delivering any property to Buyer or Buyer is otherwise dissatisfied with the performance of RR Auction, the liability, if any, of RR Auction, shall be limited to, and shall not exceed, the amount actually paid for the property by Buyer. In no event shall RR Auction be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.
Unauthorized Statements:
59. Under no circumstances is any employee, agent or representative of RR Auction authorized by RR Auction to modify, amend, waive or contradict any of these Terms and Conditions of Sale, any term or condition set forth on the Registration Form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by RR Auction unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of RR Auction to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on RR Auction, and under no circumstances shall be relied on by Bidder as a statement, representation or warranty of RR Auction.
Buyer’s Remedies:
60. Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid. The terms and conditions of sale herein described shall be enforced in accordance with, and governed by the laws of The Commonwealth of Massachusetts.
61. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 51-55 (“Warranties”) and 56 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to RR Auction satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, RR Auction shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to RR Auction). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, RR Auction shall disclose the identity of the consignor to Buyer and assign to Buyer all of RR Auction’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of RR Auction with respect to said lot or property shall automatically terminate. RR Auction shall be entitled to retain the premiums and other amounts paid to RR Auction - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
62. All Lots sold by RR Auction are accompanied by an Auction Certificate. On any lot presented with a Auction Certificate (“AC”) issued by RR Auction, that warranty insures only to the original Bidder (as shown in Auctioneer’s records) “Bidder”. Bidder may not transfer the rights afforded under the AC and it is null and void when Bidder transfers or attempts to transfer the lot. The AC warranty is valid from date of the auction in which Bidder was awarded the lot to five (5) years after its purchase. The AC warranty is valid as to its attribution to the person or entity described or to the lot’s usage. When the lot is accompanied by a Letter of Authenticity (or its equivalent) from a third-party authentication provider, buyer has no right of return. On lots not accompanied by third-party authentication or under extremely limited circumstances not including authenticity (e.g. gross cataloging error), a Bidder who did not bid from the floor may request Auctioneer to evaluate voiding a sale; such request must be made in writing detailing the alleged gross error, and submission of the lot to Auctioneer must be pre-approved by Auctioneer. A Bidder must notify the appropriate department head in writing of the Bidder’s request within three (3) days of the non-floor bidder’s receipt of the lot. Any lot that is to be evaluated for return must be received at the office of RR Auction within 35 days after Auction. AFTER THAT 35 DAY PERIOD, NO LOT MAY BE RETURNED FOR ANY REASONS. Lots returned must be in the same condition as when sold and must include any Letter of Authenticity. If a bidder wishes to challenge the Letter of Authenticity within the five (5) year warranty period, Bidder must present with the claim, authoritative written evidence that the lot is not authentic as determined by a known expert in the field. If Auctioneer concurs that the lot is not as represented, Bidder shall be refunded their purchase price. If the Auctioneer denies the claim, the Bidder may file the dispute with the American Arbitration Association with locale in Boston Massachusetts, Suffolk County, before a single selected Arbitrator selected by the American Arbitration Association. The American Arbitration Association arbitration shall be conducted under the provisions of the Federal Arbitration Act and the Bidder consents to jurisdiction in The Commonwealth of Massachusetts. The challenge to Authenticity must be brought within one (1) year if the Auctioneer denies the claim. After one (1) year, the Bidder hereby releases and discharges RR Auction from any and all legal, equitable, administrative and/or other claims, counterclaims, demands, setoffs, defenses, accounts, suits, debts, dues, actions, causes of action, proceedings, arbitrations, damages, executions, judgments, findings, controversies and disputes, whether known or unknown or suspected or unsuspected, whether in law or equity, that the Bidder have or may have had against RR Auction arising from or relating to any claim whatsoever. Specifically, the AC provided by RR Auction, does not provide for incidental or consequential damages or other indirect damages. Any lot sold with a certificate of authenticity or other warranty from an entity other than Auctioneer is subject to such issuing entity’s rules and such conditions are the sole remedy afforded to Bidder. For information as to third party authentication warranties the bidder is directed to contact RR Auction.
RR Auction’ Additional Services:
63. For Buyers who do not remove purchased property from RR Auction’ premises, RR Auction, in its sole discretion and solely as a service and accommodation to Buyers, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Buyer. RR Auction assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by RR Auction or other packers and carriers, whether or not recommended by RR Auction. RR Auction assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where RR Auction arranges and bills for such services via invoice or credit card, RR Auction will include an administration charge.
Headings:
64. Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement:
65. These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by RR Auction or acting as agent or representative of RR Auction may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.
66. If any section of these Terms and Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.
67. These Terms and Conditions of Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of The Commonwealth of Massachusetts, whether or not the auction is and these Terms and Conditions of Sale are fully performed in Boston Massachusetts, Suffolk County.