OF THE VALUABLE LIBRARY FORMED BY THE LATE M. C. D. BORDEN, Esq. TO BE SOLD AT UNRESTRICTED PUBLIC SALE BY ORDER OF THE EXECUTORS AT THE AMERICAN ART GALLERIES 4 TO 6 EAST TWENTY-THIRD STREET MADISON SQUARE SOUTH ON THE DATES HEREIN STATED THE SALE WILL BE CONDUCTED BY MR. THOMAS E. KIRBY OF THE AMERICAN ART ASSOCIATION, MANAGERS NEW YORK 1. The highest bidder to be the Buyer, and if any dispute arises between two or more Bidders, the Lot so in dispute shall be immediately put up again and re-sold. 2. The Auctioneer reserves the right to reject any bid which is merely a nominal or fractional advance, and therefore, in his judgment, likely to affect the Sale injuriously. 3. The Purchasers to give their names and addresses, and to pay down a cash deposit, or the whole of the Purchase-money, if required, in default of which the Lot or Lots so purchased to be immediately put up again and re-sold. 4. The Lots to be taken away at the Buyer's Expense and Risk within twenty-four hours from the conclusion of the Sale, unless otherwise specified by the Auctioneer or Managers previous to or at the time of Sale, and the remainder of the Purchase-money-to be absolutely paid, or otherwise settled for to the satisfaction of the Auctioneer, on or before delivery; in default of which the undersigned will not hold them selves responsible if the lots be lost, stolen, damaged, or destroyed, but they will be left at the sole risk of the purchaser. 5. While the undersigned will not hold themselves responsible for the correctness of the description, genuineness, or authenticity of, or any fault or defect in, any Lot, and make no Warranty whatever, they will, upon receiving previous to date of Sale trustworthy expert opinion in writing that any Painting or other Work of Art is not what it is represented to be, use every effort on their part to furnish proof to the contrary; failing in which, the object or objects in question will be sold subject to the declaration of the aforesaid expert, he being liable to the Owner or Owners thereof for damage or injury occasioned thereby. 6. To prevent inaccuracy in delivery and inconvenience in the settlement of the Purchases, no Lot can, on any account, be removed during the Sale. 7. Upon failure to comply with the above conditions, the money deposited in part payment shall be forfeited; all Lots uncleared within one day from conclusion of Sale (unless otherwise specified as above) shall be re-sold by public or private sale, without further notice, and the deficiency (if any) attending such re-sale shall be made good by the defaulter at this Sale, together with all charges attending the same. This Condition is without prejudice to the right of the Auctioneer to enforce the contract made at this Sale, without such re-sale, if he thinks fit. 8. The Undersigned are in no manner connected with the business of the cartage or packing and shipping of purchases, and although they will afford to purchasers every facility for employing careful carriers and packers, they will not hold themselves responsible for the acts and charges of the parties engaged for such services. THE AMERICAN ART ASSOCIATION, MANAGERS. THOMAS E. KIRBY, AUCTIONEER. |