SOLD
1,500.00USDto a****a+ buyer's premium (375.00)
This item SOLD at 2023 Mar 30 @ 11:06UTC-7 : PDT/MST
Did you win this lot?
A full invoice should be emailed to the winner by the auctioneer within a day or two.
SHIPPING & HANDLING: The customer is responsible for all shipping and packaging charges. We offer shipping service as a convenience to our buyers. Items are not shipped until the invoice and shipping charges are completely paid. Shipping costs will be calculated and billed separately after your items have been paid for. Purchases will be shipped via our approved, insured carriers: FedEx, UPS, USPS or DHL. Pick up is available from our Reno office, once you have received your invoice post auction
An important and spectacular archive within the Gary Bracken Collection, this collection records the rise and fall of Leadville's most powerful and famous couple.
The exact origins of all the material contained in the collection is not completely known. Included in the items is a personal check from 1992 for the $100 purchase of the "Baby Doe papers." It is unclear exactly which parts of this archive were contained in that group versus items Gary Bracken may have added to it later. It is suspected that the "Baby Doe Papers" refer to the personal notes and newspaper clippings from Baby Doe included in this collection.
Background
Horace Austin Warner "Haw" Tabor (November 26, 1830 - April 10, 1899), also known as "The Bonanza King of Leadville" and "The Silver King," arrived in Colorado in April 1859 during the Pike's Peak Gold Rush. He was accompanied by his first wife, Augusta, and their son, Nathaniel. In 1860, he tried prospecting at California Gulch in Oro City, the area that would eventually become Leadville. But after those prospects were not successful, he relocated to Park County, settling in Laurette. There, they operated a store and Horace served as the postmaster.
In 1877, Tabor and family returned to the Oro City area and operated a general store. Heavy black sand had been plaguing miners, and--in a discovery reminiscent of the Comstock Lode "blue muck" revelation--it was found to be the lead mineral cerussite, rich in silver.
Tabor made his first fortune in the Little Pittsburg Mine. Its mine owners were not able to pay their bill at Tabor's store, so he accepted an interest in the mine as payment. His gamble paid off. On May 3, 1878, the mine revealed massive silver lodes that kicked off the Colorado Silver Boom. In 1879, Tabor sold his interest in the mine for $1 million (equivalent to $28 million today). He used to this money to invest in other mining operations, including the Chrysotile and the Matchless Mines, as well as mines and real estate in Cripple Creek, Aspen, the San Juan Mountains, and more. In 1879, his fortune was close to $6 million (or $175 million today).
Tabor and fellow mine owner August Meyer are credited with organizing/founding Leadville. Tabor also served as Leadville's first mayor.
Tabor invested heavily in Leadville. He built the Tabor Grand Hotel, the Tabor Opera House, the Bank of Leadville, newspapers, public works projects, the Tabor Block, and more. He served as Lieutenant Governor of Colorado from 1878-1884, then briefly as a US Senator from Colorado (Jan.-March 1883) replacing Senator Teller. Later, he unsuccessfully ran for governor of Colorado.
In 1879, the rich Tabor family moved to Denver. However, it was not a happy home. Horace was a gambler and reckless with money, and his marriage to Augusta became strained. In 1880, he met and had an affair with Elizabeth McCourt, who would later be known as "Baby Doe." The pair met in a restaurant in Leadville, and McCourt recounted her story of arriving in Leadville and working for Jacob Sands, who was interested in her romantically. Tabor gave her $5,000, and McCourt relocated to the Windsor Hotel in Denver. In 1882, he divorced Augusta, and in 1883, he publicly married McCourt, an event that was considered very scandalous at the time. At the time, Tabor was 52 and McCourt was 28.
For a time, Horace and Baby Doe lived a life of luxury. They had two daughters, Elizabeth Bonduel "Lily" and Rosemary "Silver Dollar" Echo. But in 1893, the repeal of the Sherman Silver Purchase Act caused a drop in the price of silver that destroyed Tabor's fortune. He went back to work in mining and even became postmaster of Denver. In 1899, he fell ill with appendicitis and died on April 10th. His last wish was for the Matchless Mine to remain in Baby Doe's possession. The Aspen Tribune reported that ten thousand people attended his funeral.
Baby Doe moved back to Leadville with her daughters where they lived in a cabin structure on the Matchless Mine site. She tried to get investments to restart production in the mine, but it had severe flooding problems. This began the final dark chapter in her once luxurious life. She lived in poverty, wearing burlap sacks around her legs in the cold winters. With no money, she ate very little, living on stale bread and suet, and refused to accept charity. This was her life for her final 35 years.
Baby Doe lived in the cabin with her daughter Silver Dollar. (Her older daughter Lily had left and lived with family in Wisconsin.) Eventually, Silver Dollar left Leadville for Denver, working as a writer for the Denver Times, but struggling with alcohol abuse. She moved to Chicago, and, after working as a dancer, she became the mistress of a Chicago gangster. In 1925, Silver Dollar was found scalded to death under suspicious circumstances in her Chicago boarding house, where she had been living under the name "Ruth Norman." For the rest of her life, Baby Doe refused to believe the woman found as Ruth Norman had been her daughter, stating, "I did not see the body they said was my little girl."
During her final decades on the Matchless Mine property, Baby Doe wrote incessantly in diaries, letters, and scraps that she called "Dreams and Visions," consisting of about 2,000 fragments later found bundled in piles of paper in her cabin. (Some of these entries are included in this lot). She became very religious. Once the Queen of Leadville, she was now considered an outcast, madwoman, wandering the streets of Leadville dressed in a mixture of women's and men's clothing.
In March 1935, during a brutal winter in Leadville, she was found dead in her cabin, having frozen to death at the age of 81. Her body was taken by train to Denver, and she was buried next to Horace at the Mount Olivet Cemetery in Wheat Ridge, Colorado.
The Archive
Horace Tabor Items
1) Three Leadville billheads for Tabor businesses. a) HAW Tabor, Dealer in Wines, Groceries, Provisions, Liquors, Miners' Supplies, Tobaccos and Cigars. 1878. Billed to Manville for 1 keg of nails. Signed for HAW Tabor. b & c) Two billheads for Tabor, Pierce & Co., Manufacturers and Dealers in Native and Eastern Lumbers, Doors, etc. 1888. Billed to Tomkins Hardware Company. (Nathaniel M. Tabor was Horace and Augusta Tabor's only child.)
2) Extremely rare brass tag for the Pioneer Stage Company. Pioneer / Stage Co. / 164 / T. & W. Marked on the reverse: Novelty MFG Co / Denver, Col. 1.5", heart shaped. c.1880. Tabor acquired an interest in this company in 1880. He formed a partnership with Perley Wasson, the original Leadville stage owner (hence "T.&W." on the tag). Stages ran into Parrott City, Fort Lewis, Silverton, and Rico. In 1881, Tabor bought out Wasson and focused the traffic between Rockwood and Rico. The company was renamed the HAW Tabor Pioneer Stage & Express Line.
3) Four stocks related to the Tabor Grand Hotel. a) Three consecutively issued stock certificates for The Leadville Hotel Company. All issued to WF Callaway in 1884. Signed by vice president Maineville and the secretary. Not cancelled. b) Stock certificate for the Tabor Grand Hotel Furnishing Company. Issued in 1886 to Callaway. Signed by vice president Henry Collins and secretary Sprague. Not cancelled. Unusual vignette of men on a raft with steamboat in the background. The Tabor Grand Hotel was built between 1883 and 1885. The Leadville Hotel Company had set out to build a first-class hotel in Leadville in 1880 but were short on money. Tabor stepped in and the hotel bore his name. The four story brick building was designed by architect George King and featured steam heat, an elevator, a bar, kitchen, wine cellar, a dining room that seated several hundred, 117 elegantly appointed rooms, a barbershop, public parlor, a billiard room, several shops, a restaurant, and a hotel lobby floor inlaid with silver dollars. It was bought by the Kitchen Bros. in 1887 and renamed the Kitchen Hotel. They sold it in 1891 and it was renamed the Vendome. It operated into the 1930s. [Ref: Colorado's Historic Hotels, Clark]
4) Ten revenue checks incl. Tabor autographs. a) Two 1878 checks from The Miners' Exchange Bank. One is signed on the back by HAW Tabor (signature smeared). The other is signed for Tabor. c) 1878 Lake County Bank check signed by Tabor on reverse. c) Seven Bank of Leadville checks, five different types. This bank was founded by Tabor. Includes two checks from JSD Manville, Hardware, and a pictorial check for the Little Pittsburg Mining Company (where Tabor made his first fortune). 1878-79, no Tabor autographs.
Baby Doe Tabor Items
1) Personal notes/reflections by Baby Doe. These astonishing pieces are a window into Baby Doe's troubled thoughts and dreams during her years in poverty in the Matchless Mine cabin. This group includes approx. 15 pieces, with all messages written in pencil on scraps of paper or postal covers. Her handwriting can be very difficult to read. They detail her descent into madness during her final years:
a) June 8th, 1934. "The devil starred at me for long time...terrible...thru south east window while I was saying my Rosary...O awful big black eyes & big dark face & big head."
b) Aug. 17, 1923. "I Received Silvers letter about Marriage O how my heart aches Jesus will be done forever." Sat. 18th, 1923. "Mrs. Shinek hunting men for No. 6 shaft. God guide us in all."
c) Small scrap of newspaper. Sept. 18, 1923. "17 devils appeared."
d) Double sided letter from Sept. 18, 1923, largely illegible. Appears to describe dream.
e) Five 1922 calendar pages with messages written in pencil on the reverse. Longest reads: "i dreamed this November. So terrible was my dream of to-day Nov. 15, 1922...that I thought it would kill me that my darling Child Silver went down the Jungle & brought up her hand & arm a devil-snake mans head on its thick copper seething sissing steaming hot body all pores & steam coming out of each pore his head was too horrifying murderously horrible. he was over coming her she was fainting & as white as snow...God of Everlasting mercy you are the only mercy there ever was or is save my Silver & Lily & her poor children..." Others: "Sept 6. Last food. no money or food." "July 9. in dream Pa came with paper in his hands elegant he looked & he brought with him Jake he wanted to renew old friendship." "June 6 1922, Jesus, St. Anthony and Saint Anthonys tongue appeared in glory to me. 5 visions. saw vision of No. 17."
f) Undated half-sheet describing two strong visions given to her by Jesus about a man and a baby.
g) Jan. 26, 1922 message about the mine: "I saw a strong vision...of our ore bucket going down No. 6 shaft...the water was flooding the Matchless Mine..."
h) 1929 visions, again involving a baby. "After the 18." "Before I saw the Vision of the Baby I saw a Vision of lots of light-purple clouds-It means a happy death because they were light purple."
i) A pencil sketch done by Baby Doe?
2) Personal and business correspondence to Baby Doe. Covers and letters. Some have small handwritten notes in pencil from Baby Doe. Approximately 50 items. Includes: 1908/09 and 1925 correspondence related to her ownership of the Matchless Mine; covers addressed to her, mostly from the 1920s and 30s; Easter card and cover from her daughter Lily; letters from friends; 1932 letter advising her to file a lawsuit against Warner Brothers for "Silver Dollar"; 1934 letter from a woman whose father worked for Horace and Baby Doe; 1929 letter from someone wanting a sample of silver ore from the mine; a typed 1928 letter detailing the struggles of the Matchless Mine and looking for a loan, possibly signed by Baby Doe; and more. Please inspect.
3) Newspaper clippings. 15 or so pieces. One has a note that it was kept by Baby Doe. A few others have pencil notations. Thus it is believed that these were all clippings kept by Baby Doe. Articles about Leadville and Horace Tabor.
4) Baby Doe items related to Jacob Sands. Six pieces. Sands was the benefactor of Baby Doe when she first arrived in Leadville and pursued her romantically. Items include: 1893 Leadville BPO Elks ledger page with Jacob Sands signature on first line; 1880s Sands, Pelton & Co., Leadville billhead; 190- Sands Brothers, Leadville billhead and letterhead; 1892 state of Colorado document, dateline Amethyst, Colorado, about draft from Sands Bros.; and 1904 Sands Outfitting Company, Denver, billhead.
5) Misc. items. Includes: 1935 Denver Post special edition all about the death of Baby Doe and the story of the Tabors; more modern newspaper clippings about Baby Doe; a dozen postcards, some RPC, of Horace and Baby Doe; unknown handwritten notes, possibly by Bracken, including recollections by Marty Lane about Baby Doe.
Date: 1870s-1930s
Country (if not USA):
State: Colorado
City: Leadville
Provenance: Gary Bracken Collection
Auction Location:
3555 Airway Drive Suite 309, Reno, Nevada, 89511, United States
Previewing Details:
Preview
Phone or video previews are strongly encouraged. Our staff is tech savvy and ready to use Skype/Facetime/Zoom if you would like to video preview with us. Please provide a list of items and minimum of 24 hours notice so that we may pull your lots and schedule a private viewing. Office preview by special private appointment ONLY. Call (775) 851-1859 to schedule.
Nevada State Sales Tax
Taxes:
Tax | Rate | Desc. |
NSST |
8.375% |
Nevada Sales Tax |
CSST |
7.25% |
California Sales Tax |
Buyer's Premiums:
From (Incl.) | To (Excl.) | Premium |
0.00 |
Infinite |
25% |
Additional Fees:
Shipping Details:
SHIPPING & HANDLING: The customer is responsible for all shipping and packaging charges. We offer shipping service as a convenience to our buyers. Items are not shipped until the invoice and shipping charges are completely paid. Shipping costs will be calculated and billed separately after your items have been paid for. Purchases will be shipped via our approved, insured carriers: FedEx, UPS, USPS or DHL. Pick up is available from our Reno office, once you have received your invoice post auction, with 24 hours notice given to HWAC prior to pick-up.
Payment Details:
Due on receipt of invoice.
Accepted Payment Methods:
- VISA
- Master Card
- AMEX
- Discover
- Money Order/Bank Draft
- Check/Cheque
- COD (cash on delivery)
- PayPal
- Wire Transfer
TERMS AND CONDITIONS
This is a Live Auction conducted by Holabird Western Americana Collections, LLC (HWAC).
1. The placing of a bid shall constitute the bidder’s acceptance of these terms of sale.
2. BUYER’S PREMIUM & INSURANCE: There will be a 25% Buyer’s Premium added to the sale price (hammer) of each lot. We accept cash, checks, money orders, wire transfers, credit cards and PayPal.
3. COINS, CURRENCY AND PRECIOUS METALS, Insurance. The buyer’s commission for this section is 20.5%. Coins and currency shall be defined as any regular Federal issue circulating coins and currency. Tokens are not considered coins. Precious metals shall be defined as ingots, silver or gold rounds, bullion items and gold nuggets. Mineral specimens are not considered under the precious metals category. Commemorative items such as metals and ribbons are not considered coins of precious metals. However, lots that consist entirely of gold or silver of high purity, including commemorative metals, are considered precious metals. Please contact our office if you need clarification on a specific lot.
4. SALES TAX: Sales tax may be applicable in any of the 50 states according to current tax laws regarding internet sales. Please check your state's tax regulations. HWAC will charge sales tax for those states that we know have instituted internet sales tax. All bonafide resale dealers with a current valid resale license should submit their license in advance to HWAC.
5. SHIPPING & HANDLING: The customer is responsible for all shipping and packaging charges. We offer shipping service as a convenience to our buyers. Items are not shipped until the invoice and shipping charges are completely paid. Shipping costs will be calculated and billed separately after your items have been paid for. Purchases will be shipped via our approved, insured carriers: FedEx, UPS, USPS or DHL. Pick up is available from our Reno office, once you have received your invoice post auction, with 24 hours notice given to HWAC prior to pick-up.
6. LIVE (FLOOR) BIDDING: Please arrive a few minutes early to check in and receive your bidding paddle. We will open lots with more than one bid at the current high absentee bid or 50% of the low estimate at the auctioneer’s discretion. Please be sure to bid on the correct lots during the live auction. Our auction progress is at a rate of between 60 and 150 lots per hour. An item is not sold until the next lot is announced. (We are not responsible for Internet bids that arrive late.) The auctioneer will identify the successful bidder by number and announce the winning bid amount. If you are not sure whether you won the lot or not, it is your responsibility to ask for clarification immediately, prior to the start of the next auction lot. Auctioneer reserves the right to reopen the lot in the case of an immediate dispute at the actual time of the sale.
7. TELEPHONE BIDDING: Telephone bidding MUST be scheduled prior to this auction. If you do not schedule in advance, and choose instead to call on the day of the auction to request a line for bidding, you may find that we are unable to accommodate your request. Please limit your telephone bids to items of value greater than $500, or to a string of items with a similar total.
8. LIVE AUCTION ABSENTEE BIDDING: Mail or FAX Absentee bids for the live auction MUST be received by 5pm Pacific Time the day before the auction. Bids accepted after the cutoff time will be represented live only if an agent is available and will not be considered absentee or given first priority as such. It is your responsibility to submit all lot numbers and bid amounts accurately. Absentee bids MUST be equal to at least 50% of the low estimate if an estimate is provided. Bids on “No Lots” or “Withdrawn” Lots will not be executed. Bids made in amounts that do not conform to the bid increment table under Item #13 will be automatically rounded up or down by the computer, or rounded to the nearest proper bid increment at the discretion of the auctioneer. Absentee bids are entered into a computer that will bid live on your behalf at the auction. Absentee bids will compete live against other absentee bids, live internet bidders, floor bidders and phone bidders.
9. INTERNET BIDDING: Both Absentee and Live Internet bidding are available through our live auction networks. If you wish to bid LIVE via the Internet, you MUST pre-register. A live feed is generally accessible during the auction. Online bidding remains open through the live auction, and online absentee bids may be placed anytime. Live bidding will open when the auction starts. Internet bidding is offered as a convenience for those who cannot attend the live sale. Please note that there may be delays or interruptions in Internet connectivity that are beyond our control. Attending the live auction or arranging for an agent is the most reliable way to secure your bids.
10. NEW BIDDERS: Bidders unknown to us, who anticipate an expenditure in excess of $20,000, must provide commercial references or a deposit of 25% of the amount to be bid in order for the auction staff to execute bids. Deposits will be credited towards lots won and any balance will be refunded within 10 business days after the auction has concluded. New bidders will be given a spending limit at their initial request to participate. In order to increase this limit, you may be required to provide a letter of authorization from your bank in addition to providing references. Please contact our office at any time if you have questions regarding spending limits or references required to bid.
11. AGENT BIDDING: There are numerous professional agents available to assist you should you require this service. Please contact the office for a list or to arrange for representation on the floor during the live auction. HWAC is not responsible for any acts or omissions by agents acting on behalf of bidders at our auctions.
BE ADVISED: Auction participation through the live Internet bidding site is not 100% foolproof. The technology for this process is always changing, and the operation of it and the corresponding Internet connectivity issues are far beyond our control. Some folks have attempted to use the live Internet bidding process as their primary method of bidding, and have been quite successful. Others have failed completely. Depending upon your computer, server, host, and other factors, Internet signals may be delayed, such that bids may not be received in time. We cannot be held responsible for these delays, or for the lack of placed bids in a timely manner, or any other factors leading to unaccepted bids that are far beyond our control. Bidders should always have a backup plan for lots they highly desire. Live participation is best, followed by phone participation. We will not reopen lots for missed bids.
12. RESERVES: Most of the lots in this auction are unreserved. Precious metals may be reserved at or near or slightly below spot, at the auctioneer's discretion.
13. BIDDING INCREMENTS: All bids must be submitted in U.S. dollars and in whole dollar amounts only in the appropriate increments as outlined below. If you choose to submit bids in an increment not listed below, your bid will be rounded to the nearest increment and you will be expected to pay the amount to which the bid was rounded should your bid be the winning bid. If you have any questions about an appropriate bid amount, please call us.
14. BID REDUCTION: All winning absentee bids will be reduced, if necessary, to the next bidding increment up from the last competing bid, as long as the minimum bid requirement has been met. For example, if you submit an absentee bid of $1000 and the next highest competing bid is $250, then you will win the lot for $275.
15. BID INFORMATION: Collectors often ask in advance the price level of a particular lot. We will give out the current competitive high absentee bid until we close the day before the live auction. You may also view absentee bids online at www.holabirdamericana.com. While we try to update the absentee bids as often as necessary, bids received close to the bidding deadline might not be reflected online, and we disclaim any responsibility for any bids made in reliance upon inaccuracies on our website, which may be beyond our control. We do not own any of the live Internet bidding platforms, and thus many aspects of the Internet technology are out of our control.
16. BID CANCELLATION: If you wish to cancel or change a bid after you have submitted your bids to us due to an error, you MUST PHONE us to advise us of this. Bid cancellations through mail, email, or faxes are not advisable. Errors are easy to make. Please call us if you have any questions on this.
17. All stock certificates, checks, warrants, and other financial documents sold herein are sold as antiquities, and have no financial, securities, or public trading value whatsoever.
18. We reserve the right to reject any bid we feel is not made in good faith.
19. INVOICING: Invoices are mailed or emailed within two business days after the close of all portions of the sale. Within 15 calendar days of receipt of invoice, payment is due in full to Holabird Western Americana Collections, 3555 Airway Dr., #308, Reno, NV 89511. Late fees may be added if payment arrangements are not made within those 15 days. Sales tax will be added to all sales picked-up after the auction or shipped to Nevada addresses, according to Nevada State law, unless a resale certificate is provided.
20. PAYMENT: We accept Cash, Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Wire Transfer, Personal Check or PayPal. All returned checks are subject to a $25 fee. Cash received in amounts greater than $10,000 is subject to the filing of IRS form 8300, as required by law.
21. Automatic Credit Card Billing: Internet bidders are subject to the payment terms and conditions outlined on the internet bidding platform they utilize, which may include the automatic payment of auction invoices with the credit card information on file at the time of registration.
22. NON-PAYMENT: HWAC reserves the right to cancel any invoice not paid in full within 15 days. A cancelled invoice does not relieve the bidder from their obligation to pay seller fees and buyer’s premiums compensating HWAC for its services in conducting the auction. Interest shall run on all outstanding balances at the highest rate permitted by law. HWAC shall have a lien against the merchandise purchased by the bidder, and any other of bidder’s property then held by HWAC or its affiliates, to secure payment of the invoice, and with respect thereto HWAC shall have all the rights of a secured creditor under the Nevada Commercial Code, including but not limited to the right of sale. HWAC may sell the lot(s) securing the invoice to any under bidders in the auction that the lot(s) appeared, or at subsequent private or public sale, or relist the lot(s) in a future auction conducted by HWAC. A defaulting bidder agrees to pay for the reasonable costs of resale (including a 10% seller’s commission, if consigned to an auction conducted by HWAC). The defaulting bidder is liable to pay any difference between his or her total original invoice for the lot(s), plus any applicable interest, and the net proceeds for the lot(s) if sold at private sale or the subsequent hammer price of the lot(s) less the 10% seller’s commissions, if sold at an HWAC auction. If HWAC refers any invoice to an attorney for collection, the bidder agrees to pay attorney’s fees, court costs, and other collection costs incurred by HWAC. Any bidder who fails to follow the terms of payment will be reported to iCollector, Live Auctioneers, Invaluable, or applicable bidding platform, and may be barred from participating in future Holabird Western Americana auctions.
23. CONDITION: We strongly recommend that you attend the live preview to see lots in their entirety. Conditions are not always noted, and large lots may not be itemized due to catalog restraints. For questions, detailed information, or additional images of any lot please contact our office at 775-851-1859. Bidders are responsible for understanding the condition of items. Conditions noted are subjective, and may differ person to person. High resolution images of all items are available online for inspection. HWAC is not responsible for condition discrepancies; it is the bidders responsibility to determine condition prior to bidding.
24. RETURN POLICY: All items are guaranteed to be authentic unless otherwise noted. If authenticity is challenged, please call our office for assistance. ALL SALES ARE FINAL. You may only return any piece that was significantly inaccurately described by calling our office within 10 days of receipt of item(s) and notifying us of the error and reason for return. We do not refund postage or insurance. Please call us if you require a more specific condition report. Any items that are returned must be returned in the exact, unaltered condition. When we receive your bids we will assume you have read the description in the catalog, viewed the image of the item, have contacted us regarding any questions you may have on any lot and/or have previewed the lot in person.
25. This sale is being held under the laws of the State of Nevada.
26. HWAC shall not be held responsible for any problem due to the bidder’s failure to follow the rules, terms and conditions of this sale, or any failure to bid due to the loss of the online auction process provided by any of the online auction networks; or missed bids, changed bids or cancelled due the bidder’s failure to follow the proper bidding procedure outlined herein.
27. By placing a bid or otherwise participating in the auction, Bidder accepts these Terms and Conditions, and specifically agrees to the dispute resolution provided herein.
28. HWAC shall not be responsible for consequential damages, incidental damages, compensatory damages, or any other damages arising or claimed to be arising from the auction on any lot. Bidder’s sole remedy for any proven act or omission shall be rescission of sale and refund of the amount paid by Bidder.
29. Any claim, dispute, or controversy in connection with, relating to and/or arising out of the Auction, participation in the Auction, award of lots, damages of claims to lots, descriptions, condition reports, provenance, estimates, return and warranty rights, any interpretation of these Terms and Conditions, any alleged verbal modification of these Terms and Conditions and/or any purported settlement shall be exclusively heard by, and the parties consent to exclusive in personal jurisdiction of, the Superior Court of Washoe County, Nevada. The parties expressly waive any right to trial by jury. Any claim must be brought within one (1) year of the auction from which the claim arose or the claim is waived. In every case, the prevailing party shall be entitled to an award of its attorney’s fees and costs.