Sale 2455 - Printed & Manuscript Americana, September 28, 2017

The property described in this catalogue, as amended by any posted notices or oral announce- ments during the sale, will be sold by Swann Galleries, Inc. (Swann) as agent for various owners (the Consignors). These CONDITIONS OF SALE, and the LIMITED WARRANTY and ADVICE TO PROSPECTIVE BIDDERS set forth elsewhere in the catalogue are the complete and only terms and conditions on which all prop- erty is offered for sale. By bidding at auction (whether present in person or by agent, by written or telephone bid, or by any other means) the buyer agrees to be bound by these Conditions of Sale. 1. THE AUTHENTICITY OF PROPERTY LISTED INTHIS CATALOGUE ISWARRANT- ED TO THE EXTENT STATED IN THE "LIM- ITED WARRANTY." EXCEPT AS PROVIDED THEREIN, ALL PROPERTY IS SOLD "AS IS" AND NEITHER SWANN NOR THE CON- SIGNOR MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR NATUREWITH RESPECT TOTHE PROPER- TY OR ITS VALUE, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR COR- RECTNESS OF DESCRIPTION, GENUINE- NESS, ATTRIBUTION, PROVENANCE, AUTHENTICITY, AUTHORSHIP, COM- PLETENESS, CONDITION OF THE PROPER- TY OR ESTIMATE OF VALUE. NO STATE- MENT (ORAL ORWRITTEN) INTHE CATA- LOGUE, AT THE SALE, OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION, OR ANY ASSUMP- TION OF RESPONSIBILITY. 2. All bids are to be per lot as numbered in the cata- logue. 3. NEITHER SWANN NORTHE CONSIGN- OR MAKES ANY REPRESENTATION THAT THE PURCHASER OF MANUSCRIPT MATERIAL, PHOTOGRAPHS, PRINTS, OR WORKS OF ART WILL ACQUIRE ANY COPYRIGHT OR REPRODUCTION RIGHTS THERETO. 4. Swann reserves the absolute right (a) to withdraw any property at any time before its actual final sale, including during the bidding, and (b) to refuse any bid from any bidder. The auctioneer is the sole judge as to the amount to be advanced by each succeeding bid. 5. Any right of the purchaser under this agree- ment or under the law shall not be assignable and shall be enforceable only by the original purchaser and not by any subsequent owner or any person who shall subsequently acquire any interest. No purchaser shall be entitled to any remedy, relief or damages beyond return of the property, rescission of the sale and refund of the purchase price; and without limitation, no purchaser shall be entitled to damages of any kind. 6. The highest bidder acknowledged by the auc- tioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneer shall have the absolute discretion either to determine the suc- cessful bidder or to re-offer and resell the lot in dis- pute. If any dispute arises after the sale, Swann's sales records shall be conclusive as to the purchaser, amount of highest bid, and in all other respects. 7. The purchase price paid by a purchaser shall be the sum of the final bid and a buyer’s premium of 25% of the hammer price up to and including $100,000; 20% of the portion of the hammer price above $100,000 up to and including $1,000,000; and 12% of the portion of the hammer price above $1,000,000 (“the Buyer's Premium”), plus all appli- cable sales tax. An additional buyer’s premium may be charged on any purchase made through a live online auction as posted by Swann in accordance with such live online auction. 8. On the fall of the auctioneer's hammer, title to the offered lot or article will pass to the highest acknowledged bidder, who thereupon (a) immedi- ately assumes full risk and responsibility therefor, (b) will immediately sign a confirmation of the pur- chase therefor, setting forth his name and address, and (c) will immediately pay the full purchase price therefor. If the foregoing conditions or any other applicable conditions herein are not complied with, in addition to other remedies available to Swann and the Consignor by law (including without limi- tation the right to hold the purchaser liable for the bid price), Swann, at its option, may either (a) can- cel the sale, retaining as liquidated damages all pay- ments made by the purchaser, or (b) resell the prop- erty, either publicly or privately, for the account and risk of the purchaser, and in such event the purchas- er shall be liable for the payment of all deficiencies plus all costs, including warehousing, the expenses of both sales, and Swann's commission at its regular rates and all other charges due hereunder. Swann may also impose late charges of 1.5% per month (or the highest rate allowed under applicable law, whichever is lower) on any amounts unpaid. 9. All property shall be removed from Swann by the purchaser at his expense no later than five (5) days fol- lowing its sale, and if not so removed may, at Swann's option, be sent by Swann to a public warehouse at the account, risk and expense of the purchaser. Whether CONDITIONS OF SALE