18 Works From The Bachman Collection

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works from the bachman collection

06. 04.18

18

works from the bachman collection

auction Sale 1606 | June 4 at 12pm 1808 Chestnut St. Philadelphia, PA

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fine art department Alasdair Nichol Chairman | Head of Department anichol@freemansauction.com 267.414.1211

David Weiss Senior Vice President | Specialist dweiss@freemansauction.com 267.414.1214

Anne Henry Vice President | Specialist ahenry@freemansauction.com 267.414.1220

Shannon Jeffers Junior Specialist | Cataloguer sjeffers@freemansauction.com 267.414.1231

RaphaĂŤl Chatroux Junior Cataloguer rchatroux@freemansauction.com 267.414.1253

Kalyn Burgess Registrar kburgess@freemansauction.com 215.940.9827

exhibitions Wednesday, May 30

10:00am-5:00pm

Thursday, May 31

10:00am-5:00pm

Friday, June 1

10:00am-5:00pm

Saturday, June 2

12:00pm-5:00pm

Sunday, June 3

12:00pm-5:00pm

By appointment only on the morning of the sale

client services Mary Maguire Director | Client Services mmaguire@freemansauction.com 267.414.1236

Joslyn Moore Bidding Registration jmoore@freemansauction.com 267.414.1207

Melissa Arundel Post-Sale Administrator marundel@freemansauction.com 267.414.1226

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gilbert and lee bachman

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ilbert Bachman learned at a very young age that hard work and determination were the key attributes to becoming a successful entrepreneur. At the age of 16, he was accepted into the Georgia Institute of Technology and was later elected to Georgia Tech’s Engineering Hall of Fame.

In 1948, Gil’s career began at Dittler Brothers in Atlanta, Georgia, where he ascended to Chairman, Chief Executive Officer, and majority shareholder. He built the small business into a high technology printing powerhouse that produced instant lottery tickets nationally and internationally, promotional scratch off games for companies like McDonald’s, and timetables for thirty-four airlines. In 1983, he sold the company to Southam Inc., a Canadian communications publishing conglomerate.

Gil and his beautiful wife, Lee, had a passion for art. They traveled the world collecting fine contemporary art with guidance from art consultant Lenore E Gold. Ms. Gold, now deceased, was well known for The Lenore and Burton Gold Collection of Twentieth Century Art and the gift of twenty-five works to the High Museum of Art in Atlanta. Gil and Lee proudly displayed their collection at their homes in Atlanta and Boca Raton while hosting parties for the Democratic National Convention and fundraisers for various charities.

Lee passed away in December 2017 and Gil in March 2018, less than three months apart. They were married for 67 years and had five children, thirteen grandchildren, and eight great-grandchildren.

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18

works from the bachman collection

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hans hofmann (1880-1966) lots 1-3

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ans Hofmann is considered to be one of the most vital artists and influential teachers of the 20th century. Known for his experimentation with a variety of styles, Hofmann strove to create a synthesis between the spatial principles of Cubism, the vibrant color palette of the Fauves and the gestural paint handling of Expressionism. As a teacher, he formed a link between European Modernism and Abstract Expressionism, transplanting the revolutionary ideas that flourished on the continent earlier in the century and cultivating them within the fertile soil of mid-century America.

Born in Germany in 1880, Hofmann moved to Paris to study art in 1904 during a particularly transformative period when the radical movements of Fauvism and Cubism were at their height. He learned from, befriended and studied with École de Paris artists such as Picasso, Delaunay and Matisse, and as a result became an active participant in the artistic revolution that occurred in Paris at this time. This was an especially crucial experience for Hofmann personally, as it would form the basis of his artistic philosophies for the rest of his career.

In 1915, Hofmann left Paris for Munich, where he opened his own art school, the Hans Hofmann Schule für Bildende Kunst, which developed an international reputation in the years following the war and attracted many students from abroad.

One such pupil was Louise Nevelson, who continued to study under him after he relocated to New York in 1931, due to growing political violence. After teaching at the Art Students League in New York briefly, Hofmann opened his own American art school, which, after several moves, settled in Greenwich Village where it remained until he retired from teaching in 1958. In 1935, he also established a summer school in Provincetown, Massachusetts- a resort town in Cape Cod which attracted many fellow artists and inspired his own creativity.

Hofmann provided his students in New York with a direct line to European Modernism that was previously not available to them. At that time, American aesthetic taste and academic direction were dominated by Regionalist artists such as Thomas Hart Benton, John Steuart Curry, and Grant Wood. Through his firsthand accounts of these experiences, he was able to bring the School of Paris to life for his American pupils. His instruction was derived not just from contemporary European art movements such as Fauvism, Cubism and Expressionism, but were gathered and distilled from a variety of other innovators who spanned the centuries such Rembrandt, Rubens, Lorenzo Lotto and Giotto. The philosophies of Hegel, Wofflin and Goethe were also vital components of his teachings. The result was Hofmann’s own hybrid philosophy of art that stimulated exploration and experimentation and encouraged his students to develop their own creative modes of expression. Notable pupils from these years included Lee Krasner, Helen Frankenthaler, Joan Mitchell, Larry Rivers and Allan Kaprow.

Hofmann was a dedicated teacher for decades before his own artwork gained recognition. It wasn’t until 1944, when the artist was in his 60s, that he had his first one-man show at Peggy Guggenheim’s Art of this Century Gallery. The following year, his work was included in the Whitney Museum’s Annual Exhibition: Contemporary American Painting, as well as in multiple exhibitions at Howard Putzel’s Gallery 67, The Betty Parsons Gallery and The Kootz Gallery. Thereafter, his work was regularly exhibited until his death in 1966.

Much like his teaching philosophy, his artistic style was highly varied and experimental. As critic Clement Greenberg aptly remarked, “Hofmann’s inventiveness is truly enormous, to the point where he might be called a virtuoso of invention.”1 In this way, Hofmann’s work defies simple categorization. His art synthesized the three-dimensionality of nature and the two-dimensionality of painting, the conscious and the irrational, form and color, flatness and depth, push and pull. As a result, he left behind an enormous contribution to the artistic development of the 20th century.

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hoffman

intro

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Andreas Feininger/The LIFE Picture Collection/Getty Images

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ew York was the epicenter of Surrealist activity during the mid-1940s, as many artists had fled Europe during World War II seeking refuge in the United States. Hofmann was greatly interested in the Surrealists’ psychological investigations, as well as the mythic, primitive imagery they produced as a result of their explorations into the unconscious. He was also heavily influenced

by Miro’s use of accident as a point of departure for his artwork, and fervently explored these spontaneous Surrealist methods of drawing. Painted in August of 1945, Phantasie in Red embodies these investigations with its lively drips, animated life-like forms and dynamic colors. As discussed in the 1986 catalogue for the exhibition, The Interpretive Link, “this watercolor is remarkable for the tiny pictographic creature situated in a space that cannily compromises between the illusionistic space of veristic surrealism and the abstract expressionists’ commitment to integrity of the picture plane.”2

1 HANS HOFMANN (american/german, 1880–1966) “PHANTASIE IN RED” Signed and dated `VIII 13 . 45.’ bottom right, watercolor on paper laid down to paper.

28 7/8 x 22 15/16 in. (73.3 x 58.3cm) [Estate no. M-0464] provenance: The Ball Stalker Collection, Atlanta, Georgia.

Heath Gallery, Atlanta, Georgia.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida. exhibited: “Miro in America,” Museum of Fine Arts, Houston, Texas, April 21 - June 27, 1982.

“Hans Hofmann: Small Works and Provincetown Paintings,” Heath Gallery, Atlanta, Georgia, February 12 March 12, 1983.

“The Interpretive Link: Abstract Surrealism into Abstract Expressionism, Works on Paper, 1938 - 1948,” a traveling exhibition: Newport Harbor Art Museum, Newport Beach, California, July 16 - September 14, 1986; Whitney Museum of American Art, New York, October 23, 1986 - January 21, 1987; Walker Art Museum, Minneapolis, Minnesota, February 21 - April 19, 1987, p. 97 (illustrated in the exhibition catalogue no. 40).

“First Fifteen Years: Part One of 30th Anniversary,” Heath Gallery, Atlanta, Georgia, December 2 - 17, 1994. $20,000-30,000

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Hans Hofmann with “Cataclysm (Homage to Howard Putzel)” ©2002 Estate of Hans Hofmann/ Artists Rights Society (ARS), New York | Photograph by Maurice Berezov for Time Magazine Artwork: With permission of the Renate, Hans & Maria Hofmann Trust / Artists Rights Society (ARS), New York

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2 HANS HOFMANN (american/german, 1880–1966) “CATACLYSM (HOMAGE TO HOWARD PUTZEL)” Signed, dated ‘August 11 - 1945’ and inscribed ‘hommage to howard putzel’ bottom right, oil and casein on board.

51 3/4 x 48 in. (131.4 x 121.9cm) [HH no. 562-1945; Estate no. M-0264] provenance: The Estate of the Artist.

André Emmerich Gallery, New York, New York (acquired directly from the above in 1986).

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Hans Hofmann: Recent Paintings,” Mortimer Brandt Gallery, New York, March 18 - 30, 1946.

“Seeing the Unseeable,” Addison Gallery of American Art, Phillips Academy, Andover, Massachusetts, January 3 - March 3, 1947.

“Hans Hofmann: Early Paintings,” Kootz Gallery, New York, January 20 - 31, 1959.

“Hans Hofmann: A Retrospective Exhibition,” a traveling exhibition: Hirshhorn Museum and Sculpture Garden, Washington, D.C., October 14, 1976 - January 2, 1977; Museum of Fine Arts, Houston, Texas, February 4 - April 3, 1977, p. 51 (illustrated in the exhibition catalogue).

“Abstract Expressionism: The Formative Years,” a traveling exhibition: Howard F. Johnson Museum of Art, March 1 - June 1, 1978; Seibu Museum, Karuizawa, Japan, June - July, 1978; Whitney Museum of American Art, New York, September 1 - December 1, 1978, p. 80 (illustrated in the exhibition catalogue).

“Flying Tigers: Painting and Sculpture in New York, 1939 - 1946,” a traveling exhibition: Bell Gallery, Brown University, Providence, Rhode Island, April 26 May 27, 1985; Parrish Art Museum, Southampton, Long Island, New York, June 9 - July 28, 1985.

“Hans Hofmann,” a traveling exhibition: Whitney Museum of American Art, New York, June 20 - September 16, 1990; Center for the Fine Arts, Miami, Florida, November 23, 1990 - January 20, 1991; Chrysler Museum of Art, Norfolk, Virginia, February 17 - April 14, 1991, p. 127 (illustrated in the exhibition catalogue no. 96). literature: Edward Allen Jewell, Solo Exhibition Review, New York Times, 1946, p. 54.

Mary Chalmers Rathbun & Bartlett H. Hayes, Jr., Layman’s Guide to Modern Art: Painting for a Scientific Age, New York: Oxford University Press, 1949 (illustrated n.p.).

James Fitzsimmons, “Hans Hofmann,” Everyday Art Quarterly (Walker Art Center), no. 28, 1953, pp. 23-26.

Michael Tapié, L’Aventure informelle, a special edition of Gutai, no. 8, 1957 (illustrated n.p.).

Dore Ashton, “Hans Hofmann” Cimaise 6, no. 3, January - March, 1959, p. 42 (illustrated n.p.).

Clement Greenberg, Hans Hofmann Exhibition Review, ARTnews, 1959, p. 28.

Sam Hunter, Hans Hofmann, New York: Henry N. Abrams, 1963, p. 25 (illustrated pl. 12).

Jürgen Claus, “Hans Hofmann dialektische Bilder/Hans Hofmann’s Dialectical Pictures,” Syn: Internationale Beiträge zur neuen Kunst 2, 1965, p. 34.

Harold Rosenberg, “Hans Hofmann,” Vogue 145, no. 9, May 1965, p. 194.

Barbara Rose, Miro in America, Houston: Museum of Fine Arts, Houston, 1982, p. 23.

William Chaplin Seitz, Abstract Expressionist Painting in America, Cambridge: Harvard University Press, 1983, no. 119 (illustrated n.p.).

Cynthia Goodman, Hans Hofmann, New York: Abbeville Press, 1986, pp. 45, 81.

Christopher Finch, Twentieth Century Watercolors, New York: Abbeville Press, 1988, pp. 256-257 (illustrated pl. 315).

April Kingsley, “Hans Hofmann at Mid-Century,” Provincetown Arts, 1990, p. 126.

Stephen Polcari, Abstract Expressionism and the Modern Experience, Cambridge: Cambridge University Press, 1991, pp. 328-329 (illustrated no. 265).

Anne Ryan: Collages, essay by Claudine Armand, Giverny: Musée d’Art Américain Giverny, 2001, pp. 24, 62.

James Yohe, ed. Hans Hofmann, New York: Rizzoli, 2002, pp. 25-26, 28 (illustrated pp. 1, 109).

Caroline A. Jones, Eyesight Alone: Clement Greenberg’s Modernism and the Bureaucratization of the Senses, Chicago: University of Chicago Press, 2005, p. 200.

Katy Siegel, Abstract Expressionism, London: Phaidon, 2011, p. 20 (illustrated p. 21).

Suzi Villiger, Hans Hofmann Catalogue Raisonné of Paintings, Volume II: Catalogue Entries P1-P846 (1901-1951), Burlington: Lund Humphries, 2014, catalogue no. P516 (illustrated p. 313).

Lucinda Barnes, Hans Hofmann: The Nature of Abstraction, Berkeley: University of California, Berkeley Art Museum and Pacific Film Archive, and University of California Press, forthcoming. note: This lot is accompanied by a photocopy of the bill of sale from the André Emmerich Gallery, New York.

This painting has been requested for inclusion in the exhibition, Hans Hofmann: The Nature of Abstraction, which will take place at the University of California at Berkeley Art Museum and Pacific Film Archive from February 27 - July 21, 2019, curated by Lucinda Barnes. $150,000-250,000

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“the whole world, as we experience it visually, comes to us through the mystic realm of color.”

Hans Hofmann, “Search for the Real in the Visual Arts,” p. 45.

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omposed of organic calligraphic forms, swirling colors, irregular pulsating shapes and explosive splashes of paint, Cataclysm was painted during a pivotal period of experimentation in Hans Hofmann’s career, when he first began to explore abstraction. Until the mid-1940s, Hofmann’s artwork focused on the same three subjects: still lifes, interiors and landscapes. During this period, the artist began to abandon recognizable imagery and constructed compositions for open brushwork, free forms, drips and puddles. Indeed, critic Clement Greenberg points to Cataclysm as a groundbreaking composition in that it in fact pre-dates Jackson Pollock’s later famous “drip,” or more accurately “pour and spatter” method. Cataclysm, Greenberg wrote in 1961, was one of the “first I know of to state the dissatisfaction with the facile, ‘handwritten’ edges left by the brush, stick or knife which animates the most radical painting of the present. The open calligraphy and ‘free’ shapes that rule in Abstract Expressionism were foretold in many other pictures Hofmann did before 1948…”3

Perhaps because of these new styles, Hofmann began to achieve recognition as an artist in his own right, after decades of devoting himself to teaching. An instrumental figure in this success was influential writer and dealer Howard Putzel, to whom the present painting is dedicated. Putzel, along with Jackson Pollock and Lee Krasner, persuaded Peggy Guggenheim to grant Hofmann his first solo exhibition at her distinguished Art of this Century Gallery in 1944.

Putzel was an early and passionate advocate for Hofmann and this new style of painting. In 1945, after opening Gallery 67, he organized the exhibition “A Problem for Critics,” which included artists Pollock, Rothko and Hofmann in an attempt to explore and define what was later termed “Expressionism.” Putzel also exhibited Hofmann’s work in a one-man show in the spring of this same year. Tragically, Putzel died suddenly in August of 1945, in the days between the American bombings on Hiroshima and Nagasaki. The present painting, with its explosive splashes of pigment, was executed shortly thereafter. Cataclysm is both an homage to a dear friend and patron, and a poignant and heartfelt reaction to the disastrous political events that had just occurred.

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o matter the variety of directions Hofmann pursued over the course of his career, the artist never relinquished the Cubist and Fauvist principles instilled in him during his youth in Paris.

Ever-inspired by the Fauvists’ color palette and heavy brushwork, as well as the Cubists’ geometric design, Hofmann was occupied, almost since the start of his career, with the various ways in which he could combine these seemingly disparate elements into single compositions. Composed of brilliant colors and cleanly-edged planes, Composition No. 43 is a clear example of his mastery of both styles and his success in coherently synthesizing the two.

Indeed for Hofmann, “form only exists through color and color only exists through form.”4 It was shortly before Composition No. 43 was executed that influential art critic Clement Greenberg was introduced to the teachings of Hans Hofmann. From the beginning, Hofmann was a formative influence on Greenberg and his treatises on modern art. Especially impactful was a series of lectures delivered by the artist in 1938 and 1939, which were crucial to Greenberg’s understanding of abstract art. As Caroline Jones notes in her biography of Greenberg, “the aspiring critic’s heroes, saints and devils had largely been literary, political, and philosophical until Hofmann. Hofmann’s painting and teaching provided a launch pad into visual art for Greenberg…”5 As a result, Greenberg was one of Hofmann’s greatest champions and over the next 25 years, positioned him at the apex of the Abstract Expressionist movement. In an essay written about the artist in 1961, Greenberg reflects upon the range and variety present in Hofmann’s work, stating “his name continues to be the one that springs to mind when we ask who, among all other painters in this country, deserves most to be called a master in the full sense of the word.”6 Clement Greenberg was one of the original owners of Composition No. 43, which was likely given to him during the artist’s lifetime. 152 other works from Greenberg’s collection now reside in the Portland Museum of Art.

3 HANS HOFMANN (american/german, 1880–1966) “COMPOSITION NO. 43” Signed bottom right, oil on panel.

Executed circa 1942.

35 1/2 x 41 1/2 in. (90.2 x 105.4cm) provenance: The Artist.

The Collection of Clement Greenberg.

Noah Goldowsky Gallery, New York, New York.

Private Collection, Dayton, Ohio.

Sotheby’s, New York, “Contemporary Paintings, Drawings and Sculpture,” November 9, 1983, lot 43.

Private Collection.

Christie’s, New York, “Contemporary Art,” February 8, 1986, lot 101.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above sale). literature: Suzi Villiger, Hans Hofmann Catalogue Raisonné of Paintings, Volume II: Catalogue Entries P1-P846 (1901-1951), Burlington: Lund Humphries, 2014, catalogue no. P436 (illustrated). $150,000-250,000

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“in some of his best work hofmann is almost as much a late cubist as gorky or de kooning. in another and even better part of it, however, he points to and enters a way that is fully postcubist, and when he does so he follows his deepest bent, whether he himself recognizes it or not, and fulfills his most personal vision… his painting surfaces breathe as no others do, opening up to animate the air around them, and it is by their open, pulsating surfaces that hofmann’s very best pictures surpass most of kandinsky’s, as i feel they do. and it is thanks in part to hofmann that the ‘new’ american painting in general is distinguished by a new liveness of surface, which is responsible in turn for the new kind of ‘light’ that europeans say they find in it.”

Clement Greenberg, “Hofmann” Paris, Editions Georges Fall, 1961.

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Willem de Kooning, 1972, Photograph by Hans Namuth,

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ŠHans Namuth Estate, Courtesy Center for Creative Photography Artwork Š 2018 The Willem de Kooning Foundation / Artists Rights Society (ARS), New York

“sculpture is the best comment that a painter can make on painting.”

Pablo Picasso in “Picasso on Art: A Selection of Views,” Dore Ashton, ed,. 1972, p. 114.

willem de kooning (1904-1997) lot 4

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n 1969, while vacationing in Rome, Italy, Willem de Kooning ran into Herzl Emanuel, an old friend from the Depression and WPA era. De Kooning quickly accepted an invitation to visit Emanuel at his Trastevere foundry where Emanuel was casting his own bronzes and reliefs. Emanuel offered de Kooning a sunlit studio space there, and over the course of several weeks, de Kooning spent his days experimenting and creating small sculptures out of discarded clay from the foundry, perhaps inspired by the ambience of the centuries old, sunlit space. Upon de Kooning’s return to New York, he had 13 of these works cast in small bronze editions of six and sent them to his dealer, Xavier Fourcade. Soon after, Henry Moore saw the small works at Fourcade’s gallery and enthusiastically encouraged de Kooning to translate them into larger scale. This was the beginning of a short, but important five-year period of sculptural creations that culminated in the archetypal, grand scale bronzes Clamdigger, Cross-legged Figure, Floating Figure and Seated Woman.

The present example, Head #3 dates from 1973, just one year before the artist completed his final works in bronze, and exhibits a mastery of the medium. Certainly, the clay form afforded de Kooning an even more visceral, tactile manipulation of media as evidenced by the gouged, pulled, pressed and pinched crevices seen here in Head #3. A viewer accustomed to the artist’s canvases that at once convey energy and angst both in its subjects and hand of the artist will see the same energy and torment rendered in the bronzes of 1969-1974. Head #3 is a remarkable portrait of the human condition that buzzes with energy and angst, belying its inherently static form.

Indeed, as Andrew Forge notes, “There can hardly ever have been sculptures made in which the engagement with the material is more rawly exposed. And one cannot escape the feeling that somehow the work starts with this engagement, starts with it and ends with it too. In other words, the gestures, the rolling, pinching, gouging, flinging actions that one is continually reading as one moves around each piece are not agitations of the surface of the piece but rather the crests of violent actions that go to its very center.”7 21

4 WILLEM DE KOONING (american/dutch, 1904–1997) “HEAD #3” 1973, signed on the reverse and numbered 8/12 (there were also 3 artist’s proofs), and with the Modern Art Foundry, New York stamp at edge of base. Bronze with black patina. height (with base): 19 in. (48.3cm) width (with base): 11 11/16 in. (29.7cm) depth (with base): 11 3/8 in. (28.9cm) provenance: The Artist.

Xavier Fourcade, Inc., New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). note: This lot is accompanied by a photocopy of the bill of sale from Xavier Fourcade, Inc., New York.

Other casts from this edition are in the permanent collections of the Art Institute of Chicago, Illinois; the Hirshhorn Museum and Sculpture Garden, Smithsonian Institution, Washington, D.C.; The Stedelijk Museum Amsterdam; and the Fondation Hubert Looser, Zürich, Switzerland. $250,000-400,000

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exhibited “De Kooning: Major Paintings and Sculpture,” Pollock Gallery, Toronto, October – November, 1974 (another cast exhibited).

Marion Koogler McNay Art Institute, Collector-Gallery VIII, San Antonio, Texas, November - December 1974 (another cast exhibited).

“De Kooning: Drawings/Sculptures,” a traveling exhibition: Walker Art Center, Minneapolis, Minnesota; National Gallery of Canada, Ottawa; Phillips Collection, Washington, D.C.; Albright-Knox Art Gallery, Buffalo, New York; The Museum of Fine Arts, Houston; Washington University Gallery of Art, St. Louis, Missouri, March, 1974 June, 1975, no. 148 (another cast exhibited).

“Thirty-Fourth Exhibition of the Society for Contemporary Art,” Art Institute of Chicago, Chicago, Illinois, May – June, 1975 (illustrated in the exhibition catalogue n.p.).

“Willem de Kooning,” a traveling exhibition: Fuji Television Gallery, Tokyo, Japan; Galerie des Arts, Paris, France, September - November 1975, no. 43 (another cast exhibited and illustrated in the exhibition catalogue).

“De Kooning: New Works - Paintings and Sculptures,” Fourcade, Droll, Inc., New York, October – December, 1975 (another cast exhibited and illustrated in the exhibition catalogue n.p.).

“De Kooning: Paintings, Drawings, Sculpture: 1967-1975,” Norton Gallery of Art, West Palm Beach, Florida, December, 1975 – February, 1976, no. 27 (another cast exhibited and illustrated in the exhibition catalogue).

“Matrix 15 (A Changing Exhibition of Contemporary Art): Willem de Kooning,” Wadsworth Atheneum, Hartford, Connecticut, December, 1975 – January, 1976.

“De Kooning: New Painting and Sculpture,” Seattle Art Museum, Modern Art Pavilion, Seattle, Washington, February – March, 1976 (another cast exhibited).

“Willem de Kooning,” Collection de’Art I, Amsterdam, Netherlands, May – July, 1976.

“Willem de Kooning: Paintings, Drawings, Sculptures,” James Corcoran Gallery, Los Angeles, California, May - June 1976, no. 58 (another cast exhibited and illustrated in the exhibition catalogue).

“Paintings and Sculpture Today,” Indianapolis Museum of Art, Indianapolis, Indiana, June - July 1976.

“De Kooning: New Paintings: 1976,” Xavier Fourcade, Inc., New York, October – November, 1976 (another cast exhibited).

“De Kooning: Lithographs, Paintings and Sculptures,” University Art Museum, University of Texas at Austin, Texas, October – November, 1976, no. 22 (this cast exhibited and illustrated in the exhibition catalogue).

“Willem de Kooning: Beelden en lithis,” a traveling exhibition: Stedelijk Museum, Amsterdam, Netherlands; Wilhelm-Lehmbruck-Museum der Stadt, Duisburg, Germany; Cabinet des estampes, Musee d’art et d’histoire, Geneva, Switzerland; Musée des Peintures et des Sculptures, Grenoble, France, March, 1976 – September, 1977, no. B22 (another cast exhibited and illustrated in the exhibition catalogue).

“De Kooning: Recent Works,” Sarah Campbell Blaffer Gallery, University of Houston, Texas, January – March, 1977 (another cast exhibited).

“Works on Paper, Small Format, Object: Duchamp to Heizer,” Xavier Fourcade, Inc., New York, February – March, 1977 (another cast exhibited).

Willem de Kooning: peintures et sculptures recentes,” Galerie Daniel Templon, Paris, France, September – October, 1977 (another cast exhibited).

“The Sculptures of de Kooning with Related Paintings, Drawings and Lithographs,” Serpentine Gallery, Edinburgh, Fruit Market Gallery and London, October, 1977 – January, 1978, no. 22 (another cast exhibited and illustrated in the exhibition catalogue).

“Willem de Kooning in East Hampton,” Solomon R. Guggenheim Museum, New York, February - April 1978, no. 93 (another cast exhibited and illustrated in the exhibition catalogue).

“Large Scale Small Scale,” Xavier Fourcade, Inc., New York, April – June, 1978 (another example exhibited).

“Fairfield Arts Festival, 15th Annual Fairfield Arts Festival: Artist of the Year,” Museum of Art, Science and Industry, Bridgeport, Connecticut, June, 1978 (another cast exhibited).

“De Kooning 1969-78,” a traveling exhibition: University of Northern Iowa Gallery of Art, Cedar Falls, Iowa; St. Louis Art Museum, St. Louis, Missouri; Contemporary Arts Center, Cincinnati, Ohio, October, 1978 – April, 1979, no. 35 (another cast exhibited and illustrated in the exhibition catalogue p. 46).

“Willem de Kooning: New Painting, 1978-1979,” Xavier Fourcade, Inc., New York, November, 1979 (another cast exhibited).

“Willem de Kooning: Pittsburgh International Series,” Carnegie Museum of Art, Pittsburgh, Pennsylvania, October, 1979 – January, 1980, no. 124 (another cast exhibited and illustrated in the exhibition catalogue p. 124).

“Willem de Kooning: Paintings, Sculpture and Drawings,” Richard Hines Gallery, Seattle, Washington, January – March, 1980 (another cast exhibited).

“Perceiving Modern Sculpture,” Grey Art Gallery and Studies Center, New York University, New York, July – August, 1980, p. 31 (another cast exhibited and illustrated in the exhibition catalogue).

“Willem de Kooning: Gemlde, Skulpturen, Zeichnungen,” Galerie Hans Strelow, Düsseldorf, Germany, November – December, 1980 (this cast exhibited).

“Willem de Kooning: Works from 1951-1981,” Guild Hall, East Hampton, Long Island, New York, May – July, 1981 (another cast exhibited and illustrated in the exhibition catalogue n.p.).

“Willem de Kooning: New Paintings 1951-1981,” Xavier Fourcade, Inc., New York, May – July, 1981 (another cast exhibited).

“Willem de Kooning: The North Atlantic Light, 1960-1983,” a traveling exhibition: Stedelijk Museum, Amsterdam, Netherlands, May 11 - July 3, 1983; Louisiana Museum of Modern Art, Humlebaek, Denmark, July 15 - September 4, 1983; Moderna Museet, Stockholm, Sweden, September 17 - October 30, 1983, no. 70 (another cast exhibited and illustrated in the exhibition catalogue p. 111).

“Willem de Kooning: The Complete Sculpture,” Xavier Fourcade, Inc., New York, May – June, 1983 (another cast exhibited).

“Willem de Kooning: Skulpturen,” Joseph-Haubrich-Kunsthalle, Cologne, Germany, September October 1983, no. 20 (another cast exhibited and illustrated in the exhibition catalogue p. 72).

“Willem de Kooning: Drawing-Painting-Sculpture,” Whitney Museum of American Art, New York; Academie der Kunst, Berlin, Germany; Musee National d’Art Moderne, Centre Georges Pompidou, Paris, France, December, 1983 – August, 1984, no. 276 (another cast exhibited and illustrated in the exhibition catalogue p. 260).

“De Kooning,” Galerie Daniel Templon, Paris, France; Galerie Hans Strelow, Düsseldorf, Germany, June – October, 1984 (another cast exhibited).

“Exhibition on the Occasion of the Presentation of the Kaiserring to Willem de Kooning,” Mönchehaus Museum, Goslar, Germany, September – October, 1984 (another cast exhibited).

“Willem de Kooning: Painting and Sculpture 1979-1983,” Anthony d’Offay Gallery, London, United Kingdom, November, 1984 – January, 1985, no. 18 (another cast exhibited and illustrated in the exhibition catalogue).

“Modern Masters and The Figure: Picasso-de Kooning,” Henry Art Gallery, University of Washington in Seattle, Washington, September – November, 1993 (another cast exhibited).

“Willem de Kooning from the Hirschhorn Museum Collection,” a traveling exhibition: Hirshhorn Museum and Sculpture Garden, Smithsonian Institution, Washington, D.C.; Fundacio “la Caixa,” Centre Cultural, Barcelona, Spain; High Museum, Atlanta, Georgia; Museum of Fine Arts, Boston, Massachusetts; Museum of Fine Arts, Houston, Texas, October, 1993 – May, 1995, no.

47 (another cast exhibited and illustrated in the exhibition catalogue p. 144).

“Willem de Kooning in Seattle: Selected Works from 1943-1985 in Public and Private Collections,” Seattle Art Museum, Seattle, Washington, November, 1995 – March, 1996 (another example exhibited and illustrated in the exhibition catalogue n.p.).

“Visage: Paintings and the Human Face in 20th Century Art,” a traveling exhibition: National Museum of Modern Art, Tokyo, Japan; National Museum of Modern Art, Kyoto, Japan, January – March, 2000, no. 87 (another cast exhibited and illustrated in the exhibition catalogue p.

141).

“Willem de Kooning: Selected Paintings and Sculpture, 1964-1973,” C & M Art, New York, October – December, 2000, no. 14 (another cast exhibited and illustrated).

“About Faces,” C & A Art, New York, January – March, 2001 (another cast exhibited).

“Tot zo ver,” Stedelijk Museum, Amsterdam, Netherlands, April – December, 2003 (another cast exhibited).

“Restos de Mascaras,” Galeria Elvira Gonzalez, Madrid, Spain, May – July, 2006 (another cast exhibited and illustrated in the exhibition catalogue n.p.).

“My Private Passion,” Sammlung Hubert Looser, Vienna, Austria, April – July, 2012, no. 11 (another cast exhibited and illustrated in the exhibition catalogue pp. 27 and 124).

“Fun House,” Richard Gray Gallery, New York, March – April 2013 (another cast exhibited).

“De Kooning Sculptures, 1972 – 1974,” Galerie Skarstedt, New York, November 5 – December 19, 2015, no. 6 (illustrated in the exhibition catalogue p. 23). literature: Jane Bell, “Willem de Kooning’s New Work,” Arts Magazine, November 1975, p. 80 (another cast illustrated).

Carter Ratcliffe, “Willem de Kooning,”Art International 19, December 1975, p. 18 (another cast illustrated).

Ellen Schwartz, “Chillida Silent Music, de Kooning Eloquent and Ambivalent,” Art News, March 1980, p. 68 (another cast illustrated).

Harry F. Gaugh, Willem de Kooning, New York, 1983, p. 101 (another cast illustrated fig. 90).

Joop M. Joosten, Twenty Years of Collecting, Stat Museum, 1984, p. 231 (another cast illustrated no. 441).

Phillipe Sollers, De Kooning Vite II (Euvres), Paris, 1988, no. 79 (another cast illustrated).

Continuing Education Summer Session Catalogue, School Bulletin, University of New Hampshire, Durham, 1996 (this cast illustrated on the inside cover).

Judith Zilczer, “Artist and Patron: The Formation of the Hirshhorn Museum Willem de Kooning Collection” Journal of the History of Collection, 1996, vol. 8, p. 124, no. 1 (another cast illustrated fig. 12).

B. Jansen, “Tot So Vier Up to Now: The Imaginary Museum of Rudi Fuchs,” Stat Museum Amsterdam Bulletin, 2003 p. 9 (another cast illustrated).

H. Sawyer, “In Balance,” New York Spaces, October 2009, p. 95 (another cast illustrated).

John Elderfield, et al., De Kooning: A Retrospective, New York, Museum of Modern Art, 2011, p.

404 (another example illustrated fig. 1).

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“in some ways, clay is even better than oil. you can work and work on a painting but you can’t start over again with the canvas like it was before you put that first stroke down. and sometimes, in the end, it’s no good, no matter what you do. but with clay, i cover it with a wet cloth and come back to it the next morning and if i don’t like what i did, or i changed my mind, i can break it down and start over. it’s always fresh.”

Willem de Kooning, in “de Kooning on Clay,” by Stella Rosemarch, Craft Horizons, December 1972, p. 34-35.

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george segal (1924-2000) lots 5 & 6

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eorge Segal is best known as a sculptor who worked in a variety of media, including plaster and bronze. It is the former with which his oeuvre is most commonly associated. Segal created partial torsos as well as full-length models, as in the present lot, and cast his sculptures from living models generally known to him. He said, “I usually make sculptures of people I know very well in situations that I’ve known them in. And if that involves a luncheonette counter, places in the house or other places where I go: gas stations, bus stations, streets, farm buildings, this must all have to do with my experience...As long as there has been a very alive emotional experience between me and the person, or between me and the object, or both, only then do I incorporate it into my own art.”8 To make his plaster figures, Segal wrapped his models in bandages dipped in warm water in sections, removing the sections, then reassembling and rejoining each seam.9 Segal’s subjects are presented in a variety of settings: seated in chairs, as in the present work, lying in bed, engaged in everyday activities, in domestic interiors, and in outdoor environments. In their 1984 reference on the artist, authors Sam Hunter and Don Hawthorne note “Segal’s human replicas are pieced together...from castings of friends and relations who have been patient enough to leave their impression in plaster. Immobilized in plaster and anesthetized, they exist finally as objects exist.”10

27 Susan Wood/Archive Photos/Getty Images

5 GEORGE SEGAL (american, 1924–2000) “WOMAN IN WHITE WICKER ROCKER” 1984-1985, incised with artist’s signature and dated ‘85, numbered 2/5, and with the Johnson Atelier stamp at lower edge.

Bronze with white patina. height: 42 in. (106.7cm) width: 35 in. (88.9cm) depth: 49 in. (124.5cm) provenance: Sidney Janis Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “George Segal: Bronze,” Mitchell-Innes & Nash, New York, April - June, 2003, p. 75 (another cast illustrated in the exhibition catalogue no. 18). note: This lot is accompanied by a photocopy of the bill of sale from Sidney Janis Gallery, New York. $100,000-150,000

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"i discovered that ordinary human beings with no great pretensions of being handsome were somehow singing and beautiful in their rhythms. the people that i prefer to use again and again as models are friends [and relatives] with a very lively mental life... i discovered that i had to totally respect the entity of a specific human being, and it’s a whole other set of insights, a whole other set of attitudes. it’s a different idea of beauty and it has to do with the gift of life, the gift of consciousness, the gift of a mental life."

George Segal, quoted in Phyllis Tuchman, George Segal, New York, 1983, p. 109.

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6 GEORGE SEGAL (american, 1924–2000) “NUDE TORSO” 1982, presumably ink signed and dated verso, from the edition of 30. Pressed paper. height: 27 1/2 in. (69.9cm) width: 12 1/2 in. (31.8cm) depth: 7 1/2 in. (19.1cm) provenance: Sidney Janis Gallery, New York, New York.

Evelyn Aimis Fine Art, Ontario, Canada.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1987). note: This lot is accompanied by a photocopy of the bill of sale from Evelyn Aimis Fine Art, Ontario, Canada. $2,000-3,000

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7 JIM DINE (american, b. 1935) “NINE VIEWS OF WINTER (3)” 1985, pencil signed and dated, numbered 23/35 (there were also 5 artist’s proofs), the full sheet, Pace Editions, New York, publisher.

Woodcut in black and grey with handcoloring in oil and oil stick on Arches buff. sheet: 52 1/2 x 37 in. (133.3 x 94cm) [D’Oench & Feinberg, 199] provenance: The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida. $2,000-3,000

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jim dine (b. 1935) lots 7 & 8

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est characterized by familiar and nostalgic subjects such as hearts, robes, and tools, Dine’s oeuvre is at once open to interpretation while remaining quite personal. Dine is often associated with the Pop Art movement, based largely on his usage of bright colors and graphic style. However, the artist rejected that simple categorization as he perceived his work to be a means of questioning the influence of iconic symbols on the masses. Throughout his career, the artist has consistently challenged the status of fine art and what is considered significant within the art historical canon, employing symbolism to induce a sense of deeper meaning.

The two lots presented here depict excellent examples of Dine’s quintessential subject matter in varied media. The symbol of the heart, somewhat synonymous with the artist, acknowledges a simple, ubiquitous icon that is universally recognizable and associated with love and affection. And yet, making the heart the larger than life subject, changes it from an ordinary object to an important one worthy of monumentalization. Venus de Milo, as referenced by Nine Views of Winter (lot 7), harkens back to one of the most well-known and iconic sculptures in art history. Dine takes the form of this ancient sculpture and imbues it with modern significance, adding vibrant colors in a scribbled pattern.

8 JIM DINE (american, b. 1935) “POMPEIAN HEART” Signed, dated 1985 and located ‘Denmark’ upper center, charcoal, oil and acrylic on paper.

56 11/16 x 44 7/16 in. (144 x 112.9cm) provenance: The Pace Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Jim Dine: Paintings, Drawings, Sculpture,” The Pace Gallery, New York, January 17 - February 19, 1986 (illustrated in the exhibition catalogue p. 15). note: This lot is accompanied by a photocopy of the bill of sale from The Pace Gallery, New York. $25,000-40,000

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nancy graves (1939-1995) lot 9

Nancy Graves during the installation of her exhibition at the Janie C. Lee Gallery, March 1975. Collection of the Nancy Graves Foundation

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prolific artist who garnered prominence in the late 1960s, Nancy Graves’ oeuvre includes sculpture, paintings, drawings, prints, and watercolors, as well as set design and film. Educated at Vassar College and Yale, she studied with other famous artists including Brice Marden, Chuck Close, Robert Mangold and Richard Serra, to whom she was married from 1964 until 1970. In 1969 she became the youngest artist and the fifth woman to ever be chosen for a solo exhibition at the Whitney Museum of Art. Following that show, her work was shown at countless galleries and museums, both nationally and internationally.

Graves began her career primarily with Post-Minimalist sculpture, using atypical materials such as latex, plaster, steel, wood, fur and burlap to create sculptures of fossils, bones, totems, and camels. Her show at the Whitney Museum featured life-like, sculpted camels made from painted and patched fur. Reminiscent of taxidermy, the works invoked the connection of science and art, and the exhibition helped to establish her distinct place in the art world.

The 1970s saw Graves veer away from sculpture and back towards painting. Her work at this time incorporated an amalgamation of imagery taken from lunar maps, nature photography, and NASA satellite recordings, blending the abstract nature of art with the precision of science. This painting is a particularly important one from Graves’ body of work as it refers to a 16mm film she made in 1970 that recorded the migration of camels in Morocco. The repetition of pattern seen here reflects her interest in the photographic motion studies of Eadweard Muybridge, and the juxtaposition of color and form make this piece a visually and intellectually arresting one.

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9 NANCY GRAVES (american, 1939–1995) “IZY BOUKIR” Signed, inscribed with title and dated 12/79 verso, oil on canvas.

64 x 88 in. (162.6 x 223.5cm) provenance: M. Knoedler & Co., Inc., New York, New York.

Christie’s, New York, “Contemporary Art,” February 8, 1986, lot 144.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above sale). exhibited: “Nancy Graves,” M. Knoedler & Co., Inc., New York, March, 1980 (illustrated in the exhibition brochure). $6,000-10,000

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Frankenthaler intro

Enst Haas/Getty Images Artwork: Š 2018 Helen Frankenthaler Foundation, Inc. / Artists Rights Society (ARS), New York

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helen frankenthaler (1928-2011) lot 10

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10 HELEN FRANKENTHALER (american, 1928–2011) “CINQUECENTO” Signed bottom right, signed again and dated ‘85 verso, acrylic on canvas.

87 1/2 x 77 1/2 in. (222.3 x 196.9cm) provenance: Heath Gallery, Atlanta, Georgia.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). note: This lot is accompanied by a photocopy of the bill of sale from Heath Gallery, Atlanta, Georgia. $300,000-500,000

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“you have to know how to use the accident, how to recognize it, how to control it, and ways to eliminate it so that the whole surface looks felt and born all at once.”

Helen Frankenthaler, from an interview at Tyler Graphics, Mount Kisco, New York, July 11, 1994.

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ainted in sweeping layers of ochre, umber, sienna, grey and azure blue, Cinquecento evokes the palette and grandeur of 16th Century Italian art referenced in its title.

The artist’s signature technique of staining an unprimed canvas with diluted paints is employed to dramatic effect here, with added translucent bands of white that glimmer and oscillate as sunlight might play across its surface, while darker greys and browns add depth, richness and dimension. Indeed, having studied Old Master painting under Paul Feeley at Benington College in her early years, Frankenthaler was surely very familiar with both the rich palettes and chiaroscuro technique (dramatic use of light and shadow) first employed by Renaissance masters Michelangelo, Raphael and Titian.

And yet here, Frankenthaler, while referencing these giants of the 16th Century, also eschews their realism and narrative in favor of her loose abstraction.

Cinquecento also shows elements of the artist’s employment of cubist-like structural elements that more and more become counterpoints to her stains in pictures of the mid-1980s onwards. Here, the gold band which is more painterly than stained across the top announces the composition’s vertical boundary, while out of the shimmering sienna and play of white light at center emerge vertically undulating lines that gently announce and define the right side of the canvas. In a final, decidedly intentional punctuation mark, the solitary azure blue orb at bottom left serves as a pointed contrast to the organic fluidity that pervades the canvas.

The artist herself relished the exploration of simultaneously contrasting techniques and elements within a single picture: “My feeling [is] that a successful abstract painting plays with space on all different levels, different speeds, with different perspectives, and at the same time remains flat... For me the most beautiful pictures of any age have this ambiguity.”11

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mimmo paladino (b. 1948) lot 11

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ontemporary European artist Mimmo Paladino has worked throughout his career in various media including painting, sculpture, and printmaking. His works indirectly recall numerous influences, including early Christian art and religious themes, as well as mythology, alchemy, ancient art and Expressionism. He first visited the Venice Biennale in 1964 while still a student and had his first solo exhibition in Naples in 1968. Through the 1970s, having been exposed to Pop and Conceptual Art, he dabbled in Conceptual works, artistic collaborations, and photography, but always with the intent of returning to painting. In 1980 he had his first solo exhibition in New York, as well as a showcase at the Venice Biennale, and as a result, international interest in his work grew rapidly. Paladino was a central figure in the development of the Transavantgarde movement, which was the Italian form of NeoExpressionism. The artist has been credited with aiding in the revival of Milanese painting in the late 1980s.

From the early 1980s onwards, Paladino began to move from the purely pictorial into sculpture and engraving. Indeed, the present work of 1983 signals the artist’s transition from two-dimensional artwork into sculpture as it includes a three-dimensional shaped form collaged onto a painted burlap surface.

Here, Paladino depicts stylized figures, including one of a woman wearing a blue headscarf and another who is partially obscured behind a dark mask. The influences of Primitivism and Tribal art, as well as the aforementioned religious inspiration, are all visible within the composition. The bright yellow background contrasts sharply against the figures creating a visually dynamic work that is both mysterious and appealing.

11 MIMMO PALADINO (italian, b. 1948) UNTITLED Signed and dated 1983 verso, oil on burlap with mixed media collaged elements.

39 1/4 x 39 1/4 in. (99.7 x 99.7cm) provenance: Private Collection, Germany.

Richard Gray Gallery, Chicago, Illinois (acquired directly from the above in 1985).

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986) note: This lot is accompanied by a photocopy of the bill of sale from Richard Gray Gallery, Chicago, Illinois.

A certificate of authenticity for this lot may be purchased directly from the Studio Paladino by the successful bidder. $20,000-30,000

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mcdermott and mcgough (b. 1952 & 1958) lot 12

Photo © 1991 McDermott & McGough (CC-BY-NC-SA).

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rtistic duo McDermott and McGough both studied at the University of Syracuse in the 1970s, and in the 1980s, they lived in New York’s East Village, fully immersed in both their public and private personas as if living in the Victorian Era. In an effort to separate themselves from the actual time period in which they lived, they completely changed their modes of dress, travel, furnishings and manners to fit fin-de-siècle styles and means. By comporting as dandies of a bygone era, the pair demonstrated through both behavior and art work that the past can have a strong influence over modern and contemporary times. Well known for their work in both photography and painting during a time where appropriation was an important theme in the art world, the pair’s practice was extreme. Wearing old fashioned smocks when painting, they limited themselves to materials that would have been used in the early 20th century including lead gesso and rabbit skin glue primer on linen tacked (not stapled) to recycled stretchers. McDermott and McGough would often backdate their works, labeling them as though they had been executed in the past as well.

The present lot is an excellent example of a backdated painting and represents an artist absorbed in his work. Wearing attire appropriate for the early 1920s, the work is representative of what the duo referred to as a “Time Map,” intended to take the viewer back to another time period. The spiral imagery, which recalls the feeling of being brought back in time, along with the fractured figure and background, transport the viewer into a seemingly new dimension.

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12 DAVID MCDERMOTT AND PETER MCGOUGH (american, b. 1952 and b. 1958) “CONSUMED BY HIS ART - 1920” Signed and inscribed with partial title bottom left, oil on linen.

Executed in 1987.

84 x 42 in. (213.4 x 106.7cm) (not including frame) provenance: Massimo Audiello Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida. note: Shown here as framed. $6,000-10,000

fernando botero (b. 1932) lot 13

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rguably one of Latin America’s most famous living artists, Fernando Botero is world-renowned for his oversize, voluminous depictions of figures, still lifes and animals. “Of his predilection for depicting his subjects in ample sizes, he said, “an artist is attracted to certain kinds of form without knowing why. You adopt a position intuitively; only later do you attempt to rationalize or even justify it.”12

The youngest of three brothers, Botero was born in Medellin, Colombia and attended bullfighting school before turning his attention to art. Thereafter he moved to Bogota, and after winning several prizes for his first paintings, traveled extensively throughout Europe. It was during these travels that Botero was able to visit world famous museums and learn about the artists of the Renaissance whose masterpieces he would reference prominently in his later work. In the 1950s, he moved to Madrid, where he studied art at the Academy of San Fernando, an education which he financed by producing paintings and drawings outside of the Museo del Prado. In 1951, Botero’s first solo exhibition was held at the Leo Matiz Gallery in Bogota.

The artist always had an impulse to create sculpture and experimented with it infrequently throughout the 1960s. Yet it wasn’t until after 1975 when he converted his Paris studio into a sculptor’s atelier and when he could afford to have his work cast at a foundry, that he was able pursue the medium in earnest. Around this same time, Botero began to achieve world-wide fame for his art. His work is represented internationally in major museums, corporate and private collections, as well as in open locations such as public squares and parks. Botero often makes replicas of his best paintings in three-dimensional form, so they can be viewed and enjoyed in the street.

Additional subjects of his sculpture include animals, such as horses, birds, cats and, as shown in the present lot, dogs.

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13 FERNANDO BOTERO (colombian, b. 1932) “DOG” 1981, signed and numbered 5/6 on the left hind leg. Bronze with brown patina. height: 27 in. (68.6cm) width: 16 in. (40.6cm) depth: 25 1/2 in. (64.8cm) provenance: Marlborough Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Fernando Botero, Recent Sculpture,” Marlborough Gallery, New York, April 30 - May 29, 1982, no. 19 (another cast illustrated in the exhibition catalogue). note: This lot is accompanied by a photocopy of the bill of sale from Marlborough Gallery, New York. $120,000-180,000

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peter reginato (b. 1945) lot 14

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Texas native, Peter Reginato grew up in California in the 1950s and throughout his youth was exposed to the hot rod car culture. This served as inspiration for his artwork, which is executed in colorful metal. He attended the San Francisco Art Institute and after learning to weld he began to teach himself the skills of engineering and sculpture making. Although Reginato is also a successful abstract painter, whose two-dimensional forms mimic those of his three-dimensional ones, sculpture has been his medium of choice throughout his career. While his sculpture is considered abstract, the forms he creates often possess anthropomorphic qualities.

The present sculpture is a dynamic and vibrant one, bursting with movement and life. With its vivid pink, blue and green colors and thin linear limbs, it can be compared to the flower of the same name. The pimpernel, a member of the primrose family, possesses flat, five-petaled flowers and long, creeping stems. Yet, according to the artist, the sculpture actually refers to the 1934 film The Scarlet Pimpernel, as it exhibits a light yet also tough feel that was inspired by its hero.

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14 PETER REGINATO (american, b. 1945) “THE SCARLET PIMPERNEL” Signed in relief and dated ‘1 ‘87’ on bottom purple element, painted Insl-tron on steel. height: 69 in. (175.3cm) width: 43 in. (109.2cm) depth: 22 in. (55.9cm) provenance: Patricia Hamilton at 112 Greene Street Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1987). exhibited: “Peter Reginato: New Sculpture,” 112 Greene Street Gallery, New York, March 2 - 28, 1987. note: This lot is accompanied by a photocopy of the bill of sale from Patricia Hamilton at 112 Greene Street Gallery, New York. $5,000-8,000

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lynda benglis (b. 1941) lots 15 & 16

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orn and raised in Louisiana, Lynda Benglis moved to New York in 1964. There she met influential artists such as Eva Hesse, Richard Serra, Sol LeWitt, and Donald Judd.

Influenced by Abstract Expressionism, she was particularly interested in the process by and through which her art took its final structure. Using a wide array of materials in vivid colors, her most well-known works are those that document the action and fluidity of substances in transitions of form.

In order to accomplish this, she employed malleable and pliable substances, allowing the process of making the artwork dictate its final outcome. In the wake of Process Art and Minimalism and the male-dominated amalgam of sculpture and painting, Benglis’ work was a well-timed repartee. Benglis’ “pours” were an expression of both painting and sculpture in one format. Stretching and pushing the conventions of painting, she used materials like latex and wax to both extend and comment on Jackson Pollack’s drip painting technique in three dimensions. Her sculptures were also made from varied media such as metal and foam. The artist said of her own oeuvre, “My work is an expression of space. What is the experience of moving? Is it pictorial? Is it an object? Is it a feeling? It all comes from my body.”13

Throughout her career Benglis has also commented on feminism and the role of the female artist, manifested in videos and self portraits. Referring to Benglis’ retrospective in 2011, Roberta Smith wrote in The New York Times, “Whether you have been watching Ms. Benglis’ varied career for decades or know her primarily from the latex pieces and her star turn in Artforum, this exhibition pulls together and elaborates her remarkable career in a thrilling way. It proves her work to be at once all over the place and very much of a piece, as well as consistently, irrepressibly ahead of its time. This would seem to be every renegade artist’s dream.”14 Benglis has won two National Endowment for the Arts grants as well as a Guggenheim Fellowship, and her work is featured in a number of public, private, and corporate collections including the Whitney Museum of Art, the Guggenheim Museum, Tate Modern, Los Angeles County Museum of American Art, and the National Gallery of Victoria, Melbourne.

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Lynda Benglis, 1982, Photograph by Hans Namuth, ŠHans Namuth Estate, Courtesy Center for Creative Photography

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15 LYNDA BENGLIS (american, b. 1941) “WILLY’S” Stainless steel wire mesh and copper.

Executed 1987-1988.

76 x 74 x 17 in. (193 x 188 x 43.2cm) provenance: The Artist.

Heath Gallery, Atlanta, Georgia.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1993). note: This lot is accompanied by a photocopy of the bill of sale from Heath Gallery, Atlanta, Georgia. $60,000-100,000

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“my work is an expression of space. what is the experience of moving ? is it pictorial is it an object ? is it a feeling ? it all comes from my body. i am the clay.�

Lynda Benglis, 2014 interview with Artnews.

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16 LYNDA BENGLIS (american, b. 1941) “ELNATH” Bronze wire mesh, zinc and nickel.

Executed in 1984.

45 x 45 x 16 in. (114.3 x 114.3 x 40.6cm) provenance: Heath Gallery, Atlanta, Georgia.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Lynda Benglis: New Sculpture,” Paula Cooper Gallery, New York, March 22 - April 14, 1984.

“Lynda Benglis: Recent Sculpture,” Texas Gallery, Houston, Texas, September 11 - October 20, 1984. literature: Michael Brenson, “Art: Open Juried Show at Academy of Design,” The New York Times, March 30, 1984, p. 24.

Ellen Lubell, “Review of Exhibitions,” Art in America, no. 72.8, September 1984, p. 219. note: This lot is accompanied by a photocopy of the bill of sale from Heath Gallery, Atlanta, Georgia. $50,000-80,000

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©The Cecil Beaton Studio Archive at Sotheby’s Artwork © 2018 Estate of Louise Nevelson / Artists Rights Society (ARS), New York

louise nevelson (1899-1988) lots 17 & 18

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ouise Nevelson was a pioneer in installation art of the 20th century. She is wellknown for her monumental abstract sculptures which were often comprised of found wooden objects, painted in monochromatic black, white or gold. Her work follows in the tradition of assemblage art, and shows a correlation with Marcel Duchamp’s readymade sculptures. In the artist’s own words, “My theory is that when we come on this earth, many of us are ready-made. Some of us - most of us - have genes that are ready for certain performances. Nature gives you these gifts”15 Born in Kiev, Nevelson moved with her family to Rockland, Maine in 1905, as a result of the violent Jewish persecutions occurring in Ukraine at the time. She decided to become a sculptor at an early age, influenced by remnants of wood found in her father’s junkyard. Growing up, Nevelson’s family always supported and encouraged her love of art. Yet this passion was inhibited when she married her husband Charles, who forbade her from further pursuing her artistic talents. In 1931, Nevelson left her son with her mother and moved to Munich in order to take classes under renowned teacher Hans Hofmann (lots 1-3). She continued to study with him at the Arts Student League in New York after he immigrated to the United States. As a result of Hofmann’s influence, Nevelson discovered a love of Cubism and collage, which greatly encouraged her artistic development.

The next few years in New York afforded her the opportunity immerse herself in the city’s art scene, working in the workshop of famed muralist Diego Rivera, studying sculpture with Chaim Gross and drawing and painting with George Grosz. She first began exhibiting her work in group shows during the 1930s and held her first solo exhibition at the Nierendorf Gallery in 1941, where she was represented until 1947. In 1959, her work was included in the important ‘Sixteen Americans’ show at the Museum of Modern Art and was the subject of two retrospectives at the Whitney Museum of American Art in 1967 and 1998. She also represented the United States twice at the Venice Biennale- first in 1962 and again in 1976.

Of the physicality and dimensionality she created, the self-described “architect of shadow” said, “well, I think that the shadow, let’s say, for a better word, is the fourth dimension. That shadow I make forms out of is just not a fleeting shadow but it has as much form as a Cubistic form would have. It has forms and I give them forms and to me they’re much more exciting than anything that I see on earth.”16

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17 LOUISE NEVELSON (american, 1899–1988) “CASCADES - PERPENDICULARS XII” Wood painted black.

Executed 1980-1982. height (with wands): 99 in. (251.5cm) width (variable): 25 in. (63.5cm) depth (variable): 13 1/4 in. (33.7cm) provenance: The Artist.

The Pace Gallery, New York, New York.

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Louise Nevelson: Cascades, Perpendiculars, Silence, Music,” The Pace Gallery, New York, January 14 - February 19, 1983, checklist no. 20.

“Spoleto Festival U.S.A.,” Gibbes Museum of Art, Charleston, South Carolina, May 20 - September 15, 1983.

“Louise Nevelson,” Charles Burchfield Arts Center, State University of Buffalo, New York, September 23 - October 28, 1984. note: This lot is accompanied by a photocopy of the bill of sale from The Pace Gallery, New York.

The present work is one from a series Nevelson created out of the charred remains of an organ destroyed in a fire at St. Marks on the Bowery in New York City.

Already well-known for her painted black assemblages created from the detritus and trash of city life, Nevelson’s creations using the instrument’s blackened remains give a power and resonance to the artist’s already well-known theme of regeneration. $50,000-80,000

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Louise Nevelson seated near “Cascades - Perpendiculars XII” at “Spoleto Festival U.S.A.,” Gibbs Museum of Art in 1983.

William Struhs Artwork © 2018 Estate of Louise Nevelson / Artists Rights Society (ARS), New York

“i go to the sculpture, and my eye tells me what is right for me. when i compose, i don’t have anything but the material, myself, and an assistant. i compose right there while the assistant hammers. sometimes it’s the material that takes over; sometimes it’s me that takes over. i permit them to play, like a seesaw. i use action and counteraction, like in music, all the time. action and counteraction. it was always a relationship – my speaking to the wood and the wood speaking back to me.”

Louise Nevelson, in Dawns & Dusks by Diana MacKown, 1976, p. 120.

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“but when i fell in love with black, it contained all color. it wasn’t a negation of color. it was an acceptance. because black encompasses all colors. black is the most aristocratic color of all...you can be quiet and it contains the whole thing. there is no color that will give you the feeling of totality. of peace. of greatness. of quietness. of excitement. i have seen things that were transformed into black, that took on just greatness. i don’t know a lesser word.”

Louise Nevelson, in Dawns & Dusks by Diana MacKown, 1976, p. 126.

“the greatest thing we have is the awareness of the mind. there we can build mansions. there we have all the things that are not given to us on earth.�

Louise Nevelson, in Dawns & Dusks by Diana MacKown, 1976, p. 148.

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18 LOUISE NEVELSON (american, 1899–1988) “DREAM HOUSE WALL II” Wood painted black in eight parts (lacking base).

Executed 1969-1980. overall (approx.): 108 x 119 x 17 in. (274.3 x 302.3 x 43.2cm) provenance: The Artist.

The Pace Gallery, New York, New York.

Elaine Horwitch Galleries, Scottsdale, Arizona (acquired directly from the above in 1980).

The Estate of Lee & Gilbert Bachman, Atlanta, Georgia & Boca Raton, Florida (acquired directly from the above in 1986). exhibited: “Spoleto Festival U.S.A.,” Gibbes Museum of Art, Charleston, South Carolina, May 20 - September 15, 1983 note: This lot is accompanied by a photocopy of the bill of sale from The Elaine Horwitch Galleries, Scottsdale, Arizona.

The present work was completed in the artist’s 80th year, a year when she hardly showed signs of slowing down. In 1980, Nevelson participated in no fewer than 12 group shows, had four solo exhibitions and installed two large scale public art installations. $250,000-400,000

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1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

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18

FOOTNOTES

INDEX BENGLIS, L.,

15, 16

BOTERO, F.,

13

DE KOONING, W.,

4

DINE, J.,

7, 8

FRANKENTHALER, H.,

10

GRAVES, N.,

9

HOFMANN, H.,

1-3

MCDERMOTT, D., & MCGOUGH, P.,

12

NEVELSON, L.,

17, 18

PALADINO, M.,

11

REGINATO, P.,

14

SEGAL, G.,

5, 6

1 Clement Greenberg, Hans Hofmann, Paris: Éditions George Fall, 1961 (reprinted in Hans Hofmann, Whitney Museum of American Art, 1990, p. 124.

2 “Hans Hofmann,” in The Interpretive Link: Abstract Surrealism into Abstract Expressionism: Works on Paper, 1938-1948, Newport Harbor Art Museum, 1986, p. 92.

3 Ibid, p. 126.

4 Hofmann, “Creation in Form and Color,” preface.

5 Caroline Jones, Eyesight Alone: Clement Greenberg and the Bureaucratization of the Senses, 2005, p. 176.

6 Clement Greenberg, Hans Hofmann, Paris: Éditions George Fall, 1961 (reprinted in Hans Hofmann, Whitney Museum of American Art, 1990, p. 129.

7 Andrew Forge, “de Kooning’s Sculpture,” Willem de Kooning: Sculpture, New York, 1996, p. 37.

8 Sam Hunter/Don Hawthorne, ‘George Segal,’ 1984, p. 72.

9 ibid, pp. 79-86.

10 ibid, p. 40.

11 Alison Rowley, Helen Frankenthaler: Painting History, Writing Painting, London & New York, 2007, p. 46.

12 Memory McDermott, Tea for Two: Nature’s Apothecary, Publish America, 2005 13 Lynda Benglis as quoted by Tracy Zwick, “Dancing With Clay: An Interview with Lynda Benglis,” Art In America, 2014.

14 Roberta Smith, “Artful Commentary, Oozing from the Walls,” New York Times, 2011.

15 Louise Nevelson, in Dawns & Dusks by Diana MacKown, 1976.

16 Louise Nevelson, Smithsonian Archives of American Art Oral History interview, 1964.

PHOTO CREDITS Page 7: Andreas Feininger/The LIFE Picture Collection/Getty Images Page 11: ©2002 Estate of Hans Hofmann/ Artists Rights Society (ARS), New York | Photograph by Maurice Berezov for Time Magazine Artwork: With permission of the Renate, Hans & Maria Hofmann Trust / Artists Rights Society (ARS), New York Page 20: Willem de Kooning, 1972, Photograph by Hans Namuth, ©Hans Namuth Estate, Courtesy Center for Creative Photography Artwork © 2018 The Willem de Kooning Foundation / Artists Rights Society (ARS), New York Page 26: Susan Wood/Archive Photos/Getty Images Page 36: Nancy Graves during the installation of her exhibition at the Janie C. Lee Gallery, March 1975. Collection of the Nancy Graves Foundation Page 38: Enst Haas/Getty Images Artwork: © 2018 Helen Frankenthaler Foundation, Inc. / Artists Rights Society (ARS), New York Page 46: Photo © 1991 McDermott & McGough (CC-BY-NC-SA).

Page 49: Julio Donoso/Sygma/Getty Images Page 54: Lynda Benglis, 1982, Photograph by Hans Namuth, ©Hans Namuth Estate, Courtesy Center for Creative Photography Page 60: ©The Cecil Beaton Studio Archive at Sotheby’s Artwork © 2018 Estate of Louise Nevelson / Artists Rights Society (ARS), New York Page 63: William Struhs Artwork © 2018 Estate of Louise Nevelson / Artists Rights Society (ARS), New York

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PURCHASE REMOVAL, SHIPPING AND OFFSITE STORAGE INFORMATION To ensure the safety of your property Freeman’s requests removal within 10 business days of the sale date. Collection hours are Monday–Friday, 9:30am–4:30pm. For larger items, please email Juwan Muse at loadingdock@freemansauction.com to schedule a loading dock appointment. For purchase release to persons not listed on your contract or invoice, 3rd party authorization is required. Please mail or fax, 215.599.2240, a signed letter stating receipt/item(s) or sale/lot(s) and name of third party collecting property.

Freeman’s does not handle packing or shipping. The shippers listed have worked with Freeman’s clients in the past and will be happy to provide you with quotes for the packing and shipping of your property.

Annie Hauls Jules Smith Doylestown, PA 18901 215.230.8123 email@anniehauls.com Art In Transit Nick Clarke 314 North 12th Street Philadelphia, PA 19107 540.550.7080 nclarke@artintransit.net Atelier Art Services ‡ Lynn Smith 1330 North 30th Street Philadelphia, PA 19144 215.235.0402 | Fax: 215.235.0421 info@atelierartservices.com Aiston Fine Art Service ‡ Mark Aiston P.O. Box 3434 Grand Central Station New York, NY 10163 212.715.0629 | Fax: 718.361.8569 info@aistonart.com Cadogan Tate Fine Art ‡ Stacey Ferguson Cadogan House 41-20 39th Street Sunnyside, NY 11104 718.706.7999 | Fax: 718.707.2847 s.ferguson@cadogantate.com Crozier Fine Arts Catherine Erickson New York, NY 10011 212.741.2024 / Fax: 212.741.5513 shipping@crozierarts.com Mr. C’s Charles Cohen 1615 North 10th Street Philadelphia, PA 19122 267.977.9567 mrcees61@gmail.com

Malca Amit ‡ Christine Duke 153-66 Rockaway Blvd New York, NY 11434 718.525.6100 | Fax: 718.425.3703 maa.nyc@malca-amit.com A. Mastrocco Jr. Moving & Storage Roseanne Gebler 1060 Louis Drive Warminster, PA 18991 215.491.0346 | Fax: 215.444.9327 mastroccomovers@snip.net The Packaging Store ‡ Alex Long 2333 Welsh Road Lansdale, PA 19446 215.361.6940 | Fax: 215.361.6941 hello@packandshipnow.com UPS Store 3263 ‡ Colin McCarry Philadelphia, PA 19103 auctionpackship@gmail.com 484.879.6678 U.S. Art ‡ Jessica Pierce 37-11 48th Avenue Long Island City, NY 11101 800.472.5784 | Fax:718.472.5785 jpierce@usart.com FURNITURE & LARGE ITEMS For larger pieces where delivery time is not the primary concern, we suggest getting your items freighted: www.plyconvanlines.com www.freightquote.com ‡ Shippers that can fulfill international deliveries

IMPORTANT INFORMATION FOR BUYERS Registration All potential buyers must register for the sale prior to placing a bid. Registration information may be submitted in person at our reception desk, by fax or through our website at www.freemansauction.com. We will require proof of identification and residence and may require a credit card and/or a bank reference. By registering for the sale, the buyer acknowledges that he or she has read, understood and accepted Freeman’s Terms and Conditions of Sale.

Buyer’s Premium A Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be: 25% on the first $200,000 of the hammer price of each lot, 20% on the portion from $200,001 through $3,000,000, and 12% thereafter.

Sales Tax All items in the catalogue are subject to the 8% Pennsylvania and Philadelphia sales tax. Dealers purchasing for resale must register their tax numbers on current PA forms.

Forms should be submitted to our Client Services office on the second floor.

Catalogue Descriptions All item descriptions, dimensions and estimates are provided for guidance only. It is the buyer’s responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our specialists will be happy to prepare detailed Condition Reports on individual lots as quickly as possible. These are for guidance only, and all lots will be sold “as is” as per our Terms and Conditions of Sale.

Bidding At the sale Registered bidders will be assigned a bidder number and given a paddle for use at the sale. Once the first bid has been placed, the auctioneer asks for higher bids in increments determined by the auctioneer. To place your bid, simply raise your paddle until the auctioneer acknowledges you. The auctioneer will not mistake a random gesture for a bid.

By phone A limited number of telephone lines are available for bidding by phone through a Freeman’s representative. Phone lines must be reserved in advance. Requests must be submitted no later than 24 hours prior to the scheduled start of the sale.

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These should be submitted in person, by mail or by fax no later than one hour prior to the scheduled start of the sale. The auctioneer will bid on your behalf up to the limit.

On the internet A fully-illustrated catalogue is available on-line at www.freemansauction.com. Registered bidders may leave absentee bids through the website and will receive email confirmation of their bid. Freeman’s is not responsible for errors or failure to execute bids.

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Removal of Purchases Deliveries will not be made during the time of the sale unless otherwise indicated by the auctioneer. All items must be paid for and removed within ten (10) working days of the sale. Purchases not so removed may be turned over to a licensed warehouse at the expense and risk of the purchaser.

Shipping and Packing Responsibility for packing, shipping and insurance shall be exclusively that of the purchaser. Upon request, Freeman’s will provide the purchaser with names of professional packers and shippers known to us.

Endangered Species Lots marked * are manufactured in whole or in part of restricted materials that may include tortoiseshell, ivory, mother-of-pearl, coral, rhinoceros horn, whalebone or marine ivory. Such materials may require specific licenses, certificates, or CITES documentation for import, export, moving between states in the U.S., or resale.

Obtaining these documents may require scientific, laboratory or other expert analysis, in order to establish which species or genus the material came from. Freeman’s is unable to provide this information, and the obligation is on the purchaser of a lot containing any of these materials to ensure that they are able to obtain all the necessary or required documents should they need to, prior to bidding on the lot.

If proper documentation or licenses etc. cannot be obtained for a purchased lot, the purchaser will still be required to make an on time payment for the lot as per our standard terms and conditions. Freeman’s cataloguing of the lots marked with this symbol * represents the best of our opinion, and the absence of this symbol from any lot description does not form a warranty that the lot will be free from any licensing or certification restrictions.

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TERMS & CONDITIONS All property offered and sold (“property”) through Samuel T. Freeman & Co, (“Freeman’s”) shall be offered and sold on the terms and conditions set forth below which constitutes the complete statement of the terms and conditions on which all property is offered for sale.

By bidding at the auction, whether present in person or by agent, by written bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.

1 Unless otherwise indicated, all Property will be offered by Freeman’s as agent for the Consignor.

2 Freeman’s reserves the right to vary the terms of sale and any such variance shall become part of these Conditions of Sale.

3 Buyer acknowledges that it had the right to make a full inspection of all Property prior to sale to determine the condition, size, repair or restoration of any Property.

Therefore, all property is sold “ASIS”. Freeman’s is acting solely as an auction broker, and unless otherwise stated, does not own the Property offered for sale and has made no independent investigation of the Property. Freeman’s makes no warranty of title, merchantability or fitness for a particular purpose, or any other warranty or representation regarding the description, genuineness, attribution, provenance or condition to the Property of any kind or nature with respect to the Property.

4 Freeman’s in its sole and exclusive discretion, reserves the right to withdraw any property, at any time, before the fall of the hammer.

5 Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. Freeman’s reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.

6 The highest bidder acknowledged by the auctioneer shall be the buyer.

The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re- offer and resell the article in dispute. If any dispute arises after sale, the Freeman’s sale record shall be conclusive in all respects.

7 If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Property offered, he may reject the same and withdraw the Property from sale.

8 Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer, subject to compliance by the buyer with these Conditions of Sale. Buyer thereupon assumes full risk and responsibility of the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyer’s Premium, therefore or such part, upon such terms as Freeman’s may require.

9 No lot may be removed from Freeman’s premises until the buyer has paid in full the purchase price therefor including Buyer’s Premium or has satisfied such terms that Freeman’s, in its sole discretion, shall require. Subject to the foregoing, all Property shall be paid for and removed by the buyer at his/her expense within ten (10) days of sale and, if not so removed, may be sold by Freeman’s, or sent

by Freeman’s to a public warehouse, at the sole risk and charge of the buyer(s), and Freeman’s may prohibit the buyer from participating, directly or indirectly, as a bidder or buyer in any future sale or sales. In addition to other remedies available to Freeman’s by law, Freeman’s reserves the right to impose a late charge of 1.5% per month of the total purchase price on any balance remaining ten (10) days after the day of sale. If Property is not removed by the buyer within ten (10) days, a handling charge of 1% of the total purchase price per month from the tenth day after the sale until removal by the buyer shall be payable to Freeman’s by the buyer; Freeman’s shall charge 1.5% of the total purchase price per month for any property not so removed within 60 days after the sale. Freeman’s will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in Freeman’s possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to Freeman’s and the Consignor (including without limitation the right to hold the buyer(s) liable for the bid price) Freeman’s, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the buyer(s), or resell the property. In such event, the buyer(s) shall remain liable for any deficiency

in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and Freeman’s commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by Freeman’s. Checks will not be deemed to constitute payment until cleared. Any exceptions must be made upon Freeman’s written approval of credit prior to sale. In addition, a defaulting buyer will be deemed to have granted and assigned to Freeman’s, a continuing security interest of first priority in any property or money of, or owing to such buyer in Freeman’s possession, and Freeman’s may retain and apply such property or money as collateral security for the obligations due to Freeman’s.

Freeman’s shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code.

10 Unless the sale is advertised and announced as “without reserve”, each lot is offered subject to a reserve and Freeman’s may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where Freeman’s or its representative is a successful bidder on behalf of the Consignor.

Where the Consignor is indebted to Freeman’s, Freeman’s may have an interest in the offered lots and the proceeds therefrom, other than the broker’s Commissions, and all sales are subject to any such interest.

11 No “buy” bids shall be accepted at any time for any purpose.

12 Any pre-sale bids must be submitted in writing to Freeman’s prior to commencement of the offer of the first lot of any sale. Freeman’s copy of any such bid shall conclusively be deemed to be the sole evidence of same, and while Freeman’s accepts these bids for the convenience of bidders not present at the auction, Freeman’s shall not be responsible for the failure to execute, or, to execute properly, any pre-sale bid.

13 A Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be: 25% on the first $200,000 of the hammer price of each lot, 20% on the portion from $200,001 through $3,000,000, and 12% thereafter.

14 Unless exempted by law from the payment thereof, the buyer will be required to pay any and all federal excise tax and any state and/or local sales taxes, including where deliveries are to be made outside the state where a sale is conducted, which may be subject to a corresponding or compensating tax in another state.

15 Freeman’s may, as a service to buyer, arrange to have purchased property posted and shipped at the buyer’s expense. Freeman’s is not responsible for any acts or omissions in packing or shipping of purchased lots whether or not such carrier is recommended by Freeman’s. Packing and handling of purchased lots is at the responsibility of the buyer and is at the entire risk of the buyer.

16 In no event shall any liability of Freeman’s to the buyer exceed the purchase price actually paid.

17 No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of Freeman’s in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Freeman’s on any future occasion.

18 These Conditions of Sale and the buyer’s, the Consignor’s and Freeman’s rights under these Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania and Consignor and Buyer agree to the exclusive jurisdiction of the Philadelphia, Pennsylvania Court of Common Pleas and the United States District Court for the Eastern District of Pennsylvania.

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74 v2.2016

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75 v3.2016

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