Auction Date:2018 Jun 13 @ 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
Magnificent collection of presidential autographs representing a complete set from George Washington through Franklin D. Roosevelt, uniformly affixed by their left edges to large off-white sheets custom-bound into a beautiful red leather volume with slipcase, gilt-stamped titles, and a calligraphically embellished title page, each page preceded by a large engraving depicting the president. It should be noted that most of the larger documents have at least one extra fold to accommodate the size constraints of the album.
The volume opens to an original notarized letter of authenticity from the pioneering autograph dealer and author (Word Shadows of the Great), Thomas F. Madigan, dated December 14, 1933, which proclaims this collection, obviously assembled in the early 1930s, “A magnificent collection of autographs and portraits of all the president of the United States from Washington to Franklin D. Roosevelt inclusive.” Taken as a whole, this is an exceptionally appealing set of presidential autographs that is beautifully presented in a single, impressive leatherbound volume.
The outstanding assortment of signed items includes:
1. George Washington
Revolutionary War-dated partly-printed DS signed “Go: Washington,” one page, 8 x 10.5, June 9, 1783. Washington, as “General and Commander in Chief of the Forces of the United States of America,” issues a discharge for “John DeGrout—Drummer—in the 2nd New York Artillery.” Signed at the conclusion by Washington, and countersigned by Adjutant James Bradford and Secretary Jonathan Trumbull. In fine condition, with trimmed edges, a few small stains, and old repairs on the reverse to partial fold separations.
2. John Adams
Partly-printed vellum DS as president, one page, 14 x 11, March 25, 1800. President Adams grants John G. Macan “a certain tract of land estimated to contain Four Thousand acres…appropriated for satisfying Warranty for Military services.” Prominently signed at the conclusion by Adams, and countersigned by Secretary of State Timothy Pickering. Remnants of the missing original red seal are present in the lower left portion. In very good to fine condition, with somewhat irregular overall toning.
3. Thomas Jefferson
Partly-printed DS, signed “Th: Jefferson” as president and “James Madison” as secretary of state, one page, 21 x 17, May 27, 1806. Four language ship’s pass issued to “Henry L. DeKoven—master or commander of the Schooner called Sophronia…lying at present in the port of New York bound for Havana and laden with Beef, earthenware, Tallow Candles, & Shooks & hoops.” Neatly signed in the fourth panel by President Jefferson and Secretary Madison, and countersigned by David Gelston as collector. The white wafer seals remain affixed along the left side. In fine condition, areas of light toning, and old repairs on the reverse to small areas of paper loss.
4. James Madison
Partly-printed vellum DS as president, one page, 11.5 x 13.5, June 26, 1809. President Madison issues a patent to Robert Gedney for “a new and useful improvement being a mode of making Combs with the Hoofs of Cattle.” Signed at the conclusion by Madison, and countersigned by Secretary of State Robert Smith. The original green ribbon is present along the left edge, with only sparse remnants of the missing paper seal still present. In very good to fine condition, with light overall wrinkling and foxing.
5. James Monroe
Partly-printed DS signed “Jas. Monroe,” one page, 8.5 x 8.5, January 23, 1802. As governor of Virginia, Monroe appoints Michael Atkinson as sheriff in the county of Fluvanna. Crisply signed at the conclusion by Monroe. The original white wafer seal is affixed to the left side. In fine condition, with soiling to the upper right blank area, and an old repair on the reverse to one tiny area of paper loss.
6. John Quincy Adams
Partly-printed vellum DS as president, signed “J. Q. Adams,” one page, 16 x 10, April 1, 1828. President Adams grants John F. Dill a tract of land in Huntsville, Alabama, which contains “eighty acres and fourteen hundredths of an acre.” Signed at the conclusion by President Adams, and countersigned by George Graham as Commissioner of the General Land Office. The white wafer seal remains affixed to lower left corner. In very good to fine condition, with light staining to the top third.
7. Andrew Jackson
Partly-printed vellum DS as president, one page, 15.5 x 9.75, June 1, 1831. President Jackson grants Absalom Yates a tract of land in Cahaba, Alabama, which contains “seventy–nine acres, and eighty–two hundredths of an acre.” Signed at the conclusion by Jackson, and countersigned by Elijah Hayward as Commissioner of the General Land Office. Remnants of the missing wafer seal are present to the lower left corner. In very good to fine condition, with scattered light creasing and soiling, and Jackson’s signature a couple of shades light.
8. Martin Van Buren
ALS signed “M. V. Buren,” one page, 7.75 x 9.75, April 15, 1828. Addressed to S. L. Southard, a letter of recommendation, in part: “Judge Edgerton is a man of great private worth & considerable…He resides in the extreme north of our state, a portion of his county which may possibly not have been much noticed in this respect. I think his affiliations and his circumstances quite as astounding as any that will probably be made for the state.” In fine condition, with a few small old tape reinforcements to folds on the reverse, and seal-related paper loss repaired on the integral address leaf.
9. William Henry Harrison
Manuscript DS signed “Will’m Henry Harrison,” one page, 9.75 x 8, December 5, 1811. In part: “Be it further enacted that the auditor failing to comply with the requisitions of this act shall forfeit for every offence one hundred dollars for the use of the informer to be recovered by action of debt. This act shall be in force from and after the passage thereof.” Signed and approved below by Harrison, and countersigned by General Washington Johnston as Speaker of the House of Representatives and James Beggs as President of the Legislative Council. In fine condition, with faint toning along the two vertical folds.
10. John Tyler
Partly-printed vellum DS as president, one page, 16.75 x 13.25, September 2, 1842. President Tyler appoints Edward Gamage of South Carolina as “Consul of the United States of America for the City of Florence.” Prominently signed at the conclusion by Tyler, and countersigned by Acting Secretary of State Fletcher Webster, son of Daniel Webster. The large white wafer seal remains affixed to the left side. In fine condition, with the handwritten portions of the document light but legible; Tyler’s signature is noticeably strong.
11. James K. Polk
Partly-printed DS, one page, 12 x 15.5, December 24, 1839. As governor of Tennessee, Polk grants Horatio Wood “a certain Tract or Parcel of Land, containing five thousand acres…lying in [Hickman] County, on the waters of Lick Creek.” Neatly signed at the conclusion by Polk. In very good to fine condition, with light staining to the top, and old repairs on the reverse to splitting along intersecting folds.
12. Zachary Taylor
LS signed “Z. Taylor B. B. Gen’l, U. S. Army,” one page, 7.75 x 5, November 3, 1845. Letter written by Captain T. J. Crane and addressed to Captain J. M. Hill, in full: “I have to request you to send me a good wall tent with poles and pins & fly for my own private use—the one I have being entirely unfit for service—it having been taken because there were no better to be issued at the time.” Signed and approved at the conclusion by Taylor. In fine condition.
13. Millard Fillmore
ALS, one page, both sides, 5 x 7.75, January 29, 1857. Written from Buffalo, New York, a letter to Dr. Cyrus Powers, in part: “I have been suffering from a terrible cold and a severe form of ear ache which has left my right ear quite deaf; but I hope only temporarily…I will submit the Equinoctial question to one Club where we meet again, and give you the result.” In fine condition.
14. Franklin Pierce
Partly-printed DS as president, one page, 17.5 x 12.75, May 24, 1853. President Pierce appoints John Hubbard of Maine as “Consul of the United States of America, for the Port of Trinidad de Cuba, and for such other parts as shall be nearer thereto than to the residence of any other Consul or Vice-Consul of the United States within the same allegiance.” Impressively signed at the conclusion by Pierce, and countersigned by William L. Marcy as Secretary of State. The white wafer seal affixed to the lower portion remains fully intact. In fine condition, with light toning to the corners and most of the left side of the document.
15. James Buchanan
Partly-printed vellum DS as president, one page, 14 x 17, July 8, 1859. President Buchanan appoints Joseph W. Harris as “a Passed Midshipman in the Navy of the United States.” Signed at the conclusion by Buchanan, and countersigned by Isaac Toucey as Secretary of the Navy. The distinctively bright orange Navy Department seal remains affixed to the center of the lower vignette. In very good to fine condition, with light overall wrinkling and toning.
16. Abraham Lincoln
Civil War-dated partly-printed DS as president, one page, 17.25 x 11.25, July 16, 1861. President Lincoln appoints Jason Weeks as “Deputy Postmaster at Bangor, in the State of Maine.” Crisply signed at the conclusion by Lincoln, and countersigned by William H. Seward as Secretary of State. The white wafer seal remains affixed to the lower left. In very good to fine condition, with a light circular seal offset passing through Lincoln’s last name, and some old repairs on the reverse along several intersecting folds.
17. Andrew Johnson
Partly-printed DS as president, one page, 8.5 x 11, September 10, 1868. President Johnson authorizes and directs the Secretary of State to affix the Seal of the United States to “a Warrant for the pardon of Edward Duffy.” Signed at the conclusion by Johnson. In fine condition.
18. U. S. Grant
Partly-printed vellum DS as president, one page, 15.75 x 19.5, April 13, 1874. President Grant appoints Benjamin H. Rogers as a “Captain in the Thirteenth Regiment of Infantry in the service of the United States.” Signed at the conclusion by Grant, and countersigned by William W. Belknap as Secretary of State. The bold blue War Office seal remains affixed to the upper left. In very good to fine condition, with light overall toning and several intersecting folds.
19. Rutherford B. Hayes
Partly-printed DS as president, signed “R. B. Hayes,” one page, 7.75 x 10, June 25, 1878. President Hayes authorizes and directs the Secretary of State to affix the Seal of the United States to “a warrant for the unconditional pardon of Gorham B. Knowles.” Signed at the conclusion by Hayes. In fine condition.
20. James A. Garfield
ALS signed “J. A. Garfield,” one page, 4.75 x 7.75, November 10 [no year], Mentor, Ohio letterhead. Brief letter to W. A. Work, in full: “I have read with pleasure your letter of the 2nd inst., and thank you for it.” In fine condition.
21. Chester A. Arthur
Partly-printed DS as president, one page, 20 x 14.25, December 9, 1884. President Arthur appoints A. B. Dent as “Notary Public for the District of Columbia.” Nicely signed at the conclusion by Arthur, and countersigned by Frederick T. Frelinghuysen as Secretary of State. The large embossed off-white seal remains affixed to the lower left. In very good to fine condition, with light soiling, several intersecting folds, and old repairs on the reverse to fold splits.
22. Grover Cleveland
ALS, one page, 8 x 10.25, May 20, 1889, personal Bangs Stetson Tracy & MacVeagh letterhead. Letter to C. W. Darling, in part: “Your letter inviting me to propose a paper o the Early Germans of New York to be published in…The…Historical Society, is at hand. In reply I am obliged to say that I shall not be able to accept the invitation.” In very good to fine condition, with light soiling, and old repairs on the reverse to several intersecting folds.
23. Benjamin Harrison
ALS signed “Benj. Harrison,” one page, 7.5 x 9.75, May 25, 1886, United States Senate letterhead. Letter to Mrs. E. C. Jameson, in full: “Yours of the 20th inst. has been received. I send you today a copy of the law in relation to the French spoliation claims and a list of the vessels from which the claims arise. You should file your petition in the Court of Claims stating through whom and on what vessel you predicate your claim.” In fine condition.
24. William McKinley
TLS signed “W. McKinley,” one page, 8 x 10.75, April 30, 1894, Executive Department, Office of the Governor letterhead. Letter to A. E. Swartout, in full: “I have given careful consideration to your very courteous communication of the 14th inst., and I regret to say that after going over the engagements already made, and taking into consideration my official duties, I find that it is impossible for me to accept your invitation to come to Rochester in May or June. Believe me, I feel very highly complimented by the invitation.” In fine condition, with some creasing passing through the signature.
25. Theodore Roosevelt
Partly-printed DS as president, one page, 21.5 x 17, July 1, 1907. President Roosevelt appoints Stanton Sickles of New York as “Secretary of the Legation of the United States of America to Greece and Montenegro.” Attractively signed at the conclusion by Roosevelt, and countersigned by Elihu Root as Secretary of State. The large white wafer seal remains affixed to the lower left. In very good to fine condition, with scattered light creasing and soiling.
26. William H. Taft
TLS as president, signed “Wm. H. Taft,” one page, 7 x 9, July 12, 1911, White House letterhead. Letter to Wisconsin Congressman Gustav Kustermann, in full: “I have your letter of June 29th, and thank you warmly for your kind words of felicitation on the occasion of Mrs. Taft’s and my silver wedding anniversary. I note that you and Mrs. Kustermann celebrated your thirty-sixth anniversary during the same week, and I cordially reciprocate your congratulations and good wishes. I am glad to learn that you are regaining your health.” In fine condition, with some light staining along the bottom edge.
27. Woodrow Wilson
World War I-dated TLS as president, one page, 7 x 8.75, September 22, 1915, White House letterhead. Letter to Winthrop M. Daniels of the Interstate Commerce Commission, in full: “Thank you sincerely for your letter of September twenty-first. I shall keep it in mind and try to find a time for an interview which I do very much desire and which I, besides, promised Goltra I would have with you. I hope that you have had some kind of intermission of labor and that you and Mrs. Daniels and Balfour are all right.” In fine condition, with a couple of extra horizontal folds.
28. Warren G. Harding
World War I-dated TLS, signed “W. G. Harding” by his personal secretary George B. Christian, one page, 8 x 10.5, September 9, 1918, United States Senate letterhead. Letter to Gertrude M. Hendrick, in full: “I have your letter of September 5th. Your views concerning the disposal of the Suffrage question is quite in harmony with my own.” In fine condition, with light staining to the center.
29. Calvin Coolidge
TLS, one page, 7.25 x 10, April 24, 1929, personal letterhead. Letter to Ann Williams, in full: “Your letter of April 23rd has been received. I want you to know how much I appreciate your writing me and thank you for the book of poems.” In fine condition, with several intersecting folds.
30. Herbert Hoover
TLS, one page, 8 x 10.5, December 8, 1925, Department of Commerce letterhead. Letter to Grosvenor Clarkson, in full: “Many thanks for your letter of December 5th and the very encouraging remarks you make about myself. I agree with you that we ought to do our industrial mobilizing with the men who have had the experience in doing it, and have already expressed my mind on this subject. I hope when you come to Washington you will come and see me.” In fine condition, with one small repair on the reverse o a short fold split.
31. Franklin D. Roosevelt
TLS, one page, 7.25 x 10.5, March 8, 1928, personal letterhead. Written from Warm Springs, a letter to Whitfield J. Bell, Jr., in full: “I, too, have been a collector of autographed letters and I hope you will have as much fun with your collection as I have had with mine.” In fine condition.
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Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to RR Auction for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item’(s) hammer price and RR Auction shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.
Title:
Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a common carrier or third-party shipper.
Rights Reserved:
RR Auction reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. RR Auction shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. RR Auction reserves the right to refuse to accept bids from anyone.
Conducting the Auction:
RR Auction reserves the right to postpone the Auction 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.
RR Auction’s Discretion:
RR Auction shall determine opening bids and bidding increments. RR Auction has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if RR Auction 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. RR Auction also may reject any bid if RR Auction decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by RR Auction at the time of sale, no lots may be divided for the purpose of sale.
Reserves:
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. RR Auction may, from time to time, bid on items that it does not own.
Off-Site Bidding:
Bidding by telephone, facsimile, online, 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’s Remedies:
Failure of the Bidder 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 liable for the Purchase Price or to charge and collect from the defaulting Bidder’s credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder 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 interest on the Purchase Price at the rate of one and one-half percent (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’s rights and remedies. Should RR Auction resell the property, the original defaulting Bidder 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 Bidder 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 Bidder 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 Bidder’s obligations to RR Auction, any property in RR Auction’s possession owned by such Bidder. 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:
RR Auction does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided 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 merchantability 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 Bidder 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.
All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also 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.
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.
All lots sold by RR Auction are accompanied by an Auction Certificate (“AC”). On any lot presented with an AC issued by RR Auction, the certification is only as to its attribution to the person or entity described or to the lot’s usage and only as explicitly stated therein (the “Certification of Authenticity”), to the exclusion of any other warranties, express or implied, including but not limited to those pursuant to the Uniform Commercial Code. The Certification of Authenticity inures only to the original Bidder (as shown in RR Auction’s records). Bidder may not transfer, assign, or otherwise convey the Certification of Authenticity, and such purported transfer, assignment, or conveyance shall be null and void. The Certification of Authenticity is valid from date of the Auction in which Bidder was awarded the lot (the “Auction Date”) until five (5) years after the Auction Date, without exception.
FIREARMS.
RR Auction 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.
Limitation of Damages:
In the event that RR Auction is prevented for any reason from delivering any property to Bidder, or Bidder 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 Bidder. 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:
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 Conditions of Sale, any term or condition set forth on a 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 upon by Bidder as a statement, representation or warranty of RR Auction.
Bidder’s Remedies:
Under no circumstance will RR Auction incur liability to a Bidder in excess of the purchase price actually paid.
This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor’s warranty of title and any other representations and warranties made by the Consignor for the Bidder’s benefit. In the event that Bidder demonstrates in writing, in the sole discretion of RR Auction, that there was a breach of the Consignor’s warranty of title concerning a lot purchased by Bidder, RR Auction shall make demand upon the Consignor to pay to Bidder 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 Bidder within thirty days after such demand, RR Auction shall disclose the identity of the Consignor to Bidder and assign to Bidder all of RR Auction’s 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 Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.
If Bidder wishes to challenge the AC within the period of the Certification of Authenticity, Bidder must present written evidence that the lot is not authentic as determined by a known expert in the field. If RR Auction agrees that the lot is not as represented, Bidder’s sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If RR Auction does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.
Any such challenge concerning an AC or Certification of Authenticity must, without any exception, be brought within one (1) year of Bidder’s notice to RR Auction of Bidder’s contention that the lot was not authentic, or six (6) years from the Auction Date, whichever is sooner.
If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by RR Auction no later than twenty-one (21) calendar days after the Auction Date. If there is any discrepancy between the description in the Catalog and the AC, then the description in the AC shall control. This paragraph shall constitute Bidder’s sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by RR Auction.
NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.
RR Auction’s Additional Services:
For Bidders who do not remove purchased property from RR Auction’s premises, RR Auction, in its sole discretion and solely as a service and accommodation to Bidders, may arrange to have purchased lots packed, insured and forwarded at the sole request, expense, and risk of Bidder. 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, RR Auction will include an administration charge.
Headings:
Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.
Entire Agreement:
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.
If any section of these 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.
Governing Law and Enforcement
The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Boston, Massachusetts, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.
The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the Commonwealth of Massachusetts, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the “Arbitration”) before a single Arbitrator of the American Arbitration Association (the “AAA”). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.
The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts.
Except as provided in Bidder’s Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either RR Auction or Bidder. These provisions are consideration for the execution of these Conditions of Sale.
The Bidder hereby agrees that RR Auction shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties’ agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.
Notwithstanding the foregoing, RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that RR Auction may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys’ fees and, if RR Auction prevails, the Buyer’s Premium as defined in these Conditions of Sale. This right of enforcement is unique to RR Auction, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.
CONDUCT OF AUCTION
Estimate Prices:
In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the “Estimate Prices”). In other instances, Estimate Prices can be obtained by calling RR Auction at (603) 732-4280. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer’s Premium or sales tax (see under separate heading).
Owned or Guaranteed Property:
RR Auction generally offers property consigned by others for sale at public auction; in very limited occasion, lots are offered that are the property of RR Auction.
Before the Auction:
Bidder may attend pre-sale viewing for all of RR Auction’s auctions at no charge. All property to be auctioned is usually on view for several days prior to the sale. Bidder is encouraged to examine lots thoroughly. Bidder may also request condition reports (see below). RR Auction’s staff are available at viewings and by appointment.
Maximum Bids – All Auctions:
To maximize Bidder’s chance of winning, RR Auction strongly encourages the use of maximum bids. RR Auction will then bid for Bidder until the lot reaches Bidder’s specified maximum. Maximum bids are strictly confidential. Placing arbitrary, non-incremental bids on lots with prior maximum bids may result in these lots being sold for less than 10% above the under Bidder’s bid.
Successful Bids:
The fall of RR Auction’s hammer indicates the final bid. RR Auction will record the paddle number of the Bidder. If Bidder’s salesroom or absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.
Unsold Lots:
If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. RR Auction 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.
Bidding—Timed Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Any Bidder may bid on any lot prior to 6 pm EST/EDT. At that time, an extended bidding period goes into effect. If Bidder has not bid on a lot before 6 pm EST/EDT, Bidder may not bid on that lot after 6 pm EST/EDT. Only those Bidders who have placed bids on a lot before 6 pm EST/EDT will be allowed to bid on that lot after 6 pm EST/EDT. If Bidder is the only Bidder on a lot at 6 pm EST/EDT, that lot is awarded to Bidder. During the extended bidding period, a lot will remain open only to those who bid on that lot prior to 6 pm EST/EDT. All lots WITHOUT an opening bid at 6 pm EST/EDT will remain OPEN to ALL Bidders until 7 pm EST/EDT or until they receive their first bid. These lots will close immediately upon receipt of a bid or at 7 pm EST/EDT, whichever comes first. For all lots that are active after 7 pm EST/EDT, bidding will remain open until 30 minutes pass without a bid being placed on THAT lot (the “30 Minute Rule”). 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 EST/EDT. On a PER LOT BASIS, the 30 minute timer will reset each time a bid is placed after 7 pm EST/EDT. If Bidder is the high Bidder, raising Bidder’s maximum bid will NOT reset the timer. RR Auction reserves the right to close the Auction at any time at its sole discretion.
Bidding - Internet – Live Auction:
Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.rrauction.com. RR Auction offers a callback service the day of the Auction, but Bidder is responsible for supplying a correct telephone number(s) where Bidder can be reached until the Auction closes. Bidder must request this service in writing. RR Auction will make reasonable efforts to ensure that Bidders who request a callback are contacted if outbid; however, RR Auction does not guarantee this service and it is merely a courtesy and not an enforceable right.
To ensure proper registration, those Bidders intending to bid via the Internet must visit www.RRauction.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by RR Auction. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.
Property is auctioned in consecutive numerical order, as it appears in the catalog. The auctioneer will accept bids from those present in the salesroom or absentee bidders participating by telephone, internet or by written bid left with RR Auction in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to salesroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
During live Auctions, internet bids can be placed in real time through one or more of the following Third Party services: www.liveauctioneers.com, www.invaluable.com and www.icollector.com. RR Auction is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids. RR Auction treats any third-party site bids as floor or telephone bids. Floor bids and telephone bids are always considered first over third party sites bids, and floor bids are considered earlier than telephone bids. All RR Auction lots purchased through the third party sites carry an additional Buyer’s Premium.
Miscellaneous:
Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize RR Auction’s Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, RR Auction reserves the right to charge Bidder the applicable Buyer’s Premium and Consignor a Seller’s Commission as determined for each auction venue and by the terms of the seller’s agreement.
Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by RR Auction in the future. In conformity with “do-not-call” regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. RR Auction may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.
Rules of Construction: RR Auction presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.
Glossary of Condition terms
For decades, RR Auction has led the industry in providing an accurate and detailed condition statement for each item that we sell. Starting in 2016 we’ve decided to take a fresh approach to describing each item’s condition.
As our website and catalog images continually improve, and bidders can see obvious details from those excellent images, we’ve decided to simplify things, using the same terminology to describe an item’s overall condition (on an ascending scale of 1 to 4: good, very good, fine, very fine), but only adding specific details, if any, that would not be obvious from the illustration.
VERY FINE describes an item in virtually flawless condition, and is used sparingly for items of exceptionally attractive appearance.
FINE is the most common statement of condition, and applies to most items that we offer. It describes items that show expected handling wear, generally acceptable random flaws (such as light creases, small bends, etc.), and an overall appearance that is pleasing to the majority of collectors.
VERY GOOD describes an item that exhibits more moderate flaws (such as toning, light staining, professional reinforcements or repairs, etc.). Most collectors would be comfortable with items in very good condition, and this would be the expected condition for many formats (early presidential documents, for example).
GOOD describes an item with obvious visible flaws, including heavy wear, missing portions, or repairs that affect appearance; generally items in this condition are offered only if an item is otherwise exceedingly rare or important.
Of course we’re more than happy to provide more in-depth information about any item via phone or email. We hope this new system will make for easier reading and a more pleasant bidding experience.