American Art Association; Gary, Elbert H. [Oth.]; American Art Galleries [Contr.]: Notable paintings by masters of the English XVIII century, the Barbizon & old Dutch schools: together with several important examples by XIX century artists : collection of the estate of the late judge Elbert H. Gary : sold by direction of the New York Trust Company (executor) ([New York]: American Art Association, Inc., 1928)

CONDITIONS OF SALE

1. Rejection of Bids. Any bid which is not commensurate with the value
of the article offered, or which is merely a nominal or fractional advance,
may be rejected by the auctioneer if in his judgment such bid would be likely
to affect the sale injuriously.
2. The Buyer. The highest bidder shall be the buyer, and if any dispute
arises between two or more bidders, the auctioneer shall either decide the
same or put up for re-sale the lot so in dispute.
3. Identification and Deposit by Buyer. The name of the buyer of each
lot shall be given immediately on the sale thereof, and when so required,
each buyer shall sign a card giving the lot number, amount for which sold,
and his or her name and address. A deposit at the actual time of the sale
shall be made of all or such part of the purchase prices as may be required.
If the two foregoing conditions are not complied with, the lot or lots so
purchased may at the option of the auctioneer be put up again and re-sold.
4. Risk after Purchase. Title passes upon the fall of the auctioneer’s ham-
mer, and thereafter the property is at the purchaser’s risk, and neither the
consignor nor the Association is responsible for the loss of, or any damage
to any article by theft, fire, breakage, however occasioned, or any other cause
whatsoever.
5. Delivery of Purchases. Delivery of any purchases will be made only
upon payment of the total amount due for all purchases at the sale.
6. Receipted Bills. Goods will only be delivered on presentation of a re-
ceipted bill. A receipted bill presented by any person will be recognized
and honored as an order by the buyer, directing the delivery to the bearer
of the goods described thereon. If a receipted bill is lost before delivery of
the property has been taken, the buyer should immediately notify the Asso-
ciation of such loss.
7. Storage in Default of Prompt Payment and Calling for Goods.
Articles not paid for in full and not called for by the purchaser or agent by
noon of the day following that of the sale may be turned over by the Asso-
ciation to some carter to be carried to and stored in some warehouse until
the time of the delivery therefrom to the purchaser, and the cost of such
cartage and storage and any other charges will be charged against the pur-
chaser and the risk of loss or damage occasioned by such removal or storage
will be upon the purchaser. Tf In any instance where the purchase bill has
not been paid in full by noon of the day following that of the sale, the
Association and the auctioneer reserve the right, any other stipulation in
these conditions of sale notwithstanding, in respect to any or all lots included
in the purchase bill, at its or his option, either to cancel the sale thereof or
to re-sell the same at public or private sale without further notice for the
account of the buyer and to hold the buyer responsible for any deficiency
and all losses and expenses sustained in so doing.
8. Shipping. Shipping, boxing or wrapping of purchases is a business in