SOLD
3,100.00USDto j*****U+ buyer's premium (775.00)
This item SOLD at 2019 Jul 11 @ 15:17UTC-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: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All shipping is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be reinvoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require sp...
Personal papers and correspondence archive of Mrs. Sally Gear, wife of Philoness (also spelled Philonas and Gere or Geer). This archive chronicles the story of faith of an original member of the Church of Jesus Christ of Latter Day Saints under the direct leadership of Joseph Smith and Brigham Young. It is unclear if Mr. and Mrs. Gere are of any direct relation to Smith or any of the 12 chosen Apostles. The Gere family resided in Massachusetts in the 1820s and 1830s, but actively corresponded with the early Smith followers and missionaries, who headed west to settle Kirtland, Ohio, Missouri, Nauvoo, Illinois and Iowa, as well as those who continued along to the Mormon Trail to Salt Lake City and the Emigrant Trail to California. The Gere's supported Joseph Smith and the Mormon emigrants and missionaries both spiritually and financially, throughout their journey west, but it wasn't until about 1845, after receiving a letter from Luman A. Shirtliff (Shurtliff) who was a well-known missionary and one of the "Saints" involved with establishing the Mormon settlement in Salt Lake City, that the Gere's were finally persuaded, because of their devout faith in God, to relocate to the Nauvoo, Illinois/Council Bluffs, Iowa region to tithe and support the Latter Day Saints effort to build the "City of Saints". Altogether the archive contains 18 different handwritten documents containing dozens of names and family relations tied to American History and the struggles, triumphs and faith of the early Mormon emigrants. Letters have significance to not only early LDS History, but also the California Gold Rush, and the early Emigrants and Wagon Trains crossing the Midwest and western states to build a better life, including the Donner Party. The papers contained herein are invaluable to historians and collectors interested in the early American Pioneers true life experiences in the early-mid 1800s.
Date: 1829 - 1880s
Contained in this historic collection:
1. An 1839 letter written by Sally Gere (Gear, Geer Gere) determined by writing a writing sample of the 1848 Council Bluffs letter signed by Mrs. Gere.
The letter is written to Mrs. Eliza Ann Phelps, a possible relation to a well-known family of the American Revolution. The Phelps family name is extensively researched genealogically and much information is available online. The letter speaks of a ".... brother in law that has been crazy, he undertook to murder his family, his family consisting of my Mother and my Sister and her four little children, but through the mercy of God they all escaped. He was carried to the insane Hospital....." The remainder of the letter talks of faith and religion, and perfectly illustrates the disillusionment with the established churches and Christianity felt by many God fearing men and women of the time. It is that very disillusionment which is believed to have been what inspired the revelations of Joseph Smith and his eager following of believers in the Church of Latter Day Saints. She states on page two, "We have some accounts in the newspapers about the people called Mormons, but there is no good spoken of them excepting they call them a harmless inoffensive people, and this, I think, is saying more and better than we can say of our Churches in these regions at the present day. For they stigmatize all who differ from them in their views and feelings, they have forgotten or never knew that they should speak evil of no man, that they should bless and curse not. It appears to me that the faith of Jesus has departed from our churches, for they have no signs whereby the world may know what they are believers (the Ministry in particular.) The sick are not cured and their sins forgiven them through the laying on of their hands as Jesus commanded. The lame the blind the deaf the dumb and the broken hearted are not made whole under their hands...." This letter includes a fully transcribed typed copy.
2.This is by far the most significant being a letter by an early Mormon Missionary, famous Mormon autobiographer and early political figure of Salt Lake City named Luman A. Shirtliff, and is handwritten personally to Mr. and Mrs. Sally and Philoness/Phelonas Gear/Gere. The letter was sent March 23th, year unknown from Nauvoo, Illinois and speaks of the (recent) murder of Joseph and Hyrum Smith (1844) and the continued attempts of the “mob characters to obtain a writ” to take some of the men who witnessed the murder of the prophets. That dates this letter to the year of 1845? Most of the Mormons were forced out of Nauvoo beginning in February 1846. In the letter Shirtliff speaks of the government taking all of the groups’ chartered rights and how they have petitioned in vain for protection. He declares that “every thread and sinew that bound us to this nation is cut and we are severed from this once republican government-therefore we are bound to stand or fall in obeying the command of God…”
The purpose of Shirtliff's letter is to solicit donations to pay for the labor required to complete the second Mormon Temple in Nauvoo, which was only half complete when Joseph Smith was killed. The first Mormon Temple was erected in Kirtland, Ohio in 1836. The letter specifically states, “the object of this letter is to convey to you the necessity of your coming here this spring and paying your tithing for the building the Temple….” Shirtliff goes on to advise the Geres to “sell your property if you can get ¾ the value in such things as you can get here with, if not, let it out one year. You can come cheap by water this spring – come here pay one tenth of all you possess to build the temple, stay here this summer and you will receive such instruction pertaining to the will of God and his kingdom as is beyond your present comprehension, which will cause your souls to expand and you to be able to understand the important station you may fill if you come up to your privilege. If not someone will take your crown, for a king you may be if you will step forward & obey what is required of you from time to time and be faithful in keeping God’s command…” It cannot be understated that, for a devout believer, this letter leaves the recipient very little choice in the matter of relocation. This letter includes a fully transcribed, typed copy.
3. The third letter is from Sally Gere and evidences the fact that she and her husband were convinced by Luman A. Shirtliff that in order to claim their "crowns" and become "kings" who were "faithful to God's command" they must sell everything they owned, and move west to tithe 10% of their entire life's fortune to assist in the effort to finish the Temple in Nauvoo. Mrs. Gere sent this letter back east October 5th, 1848 concerning the establishment of the Council Bluffs region from Indian lands. She references the leaving of the wagon train in April the previous year (1847) which was the wagon train known to have been left by Brigham Young in order to establish Salt Lake City. She explains their settlement as their second, because 'the Government ordered all the people off from the indian territory and forbid them settling anymore on indian lands " (the west side of the river). She goes on to say "The City was broken up last April (1848) between 6 and 700 wagons went onto the Rocky mountains, which was about one fourth of the inhabitants of the City, the remainder moved over the river onto the Iowa Territory.....the indians that inhabited the land are called Pattawatomies, Government has bought them out and given us liberty to settle here, we have a county organized 'tis called Pottawatomy County. (Iowa)." Geographically she also mentions Counsel Point, and Canesville, where the post office was located. This letter includes a fully transcribed, typed copy. The following points along the Mormon Trail from Nauvoo are all possible locations of the Gere's first two settlements during this time.
Mount Pisgah (153 miles west of Nauvoo) – As they entered Potawatomi territory, the emigrants established another semi-permanent settlement that they named Mount Pisgah. Several thousand acres were cultivated and a settlement of about 700 Latter-day Saints thrived there from 1846 to 1852. Now the site is marked by a 9-acre park, which contains exhibits, historical markers, and a reconstructed log cabin. However, little remains from the 19th century except a cemetery memorializing the 300 to 800 emigrants who died there.
Nishnabotna River Crossing (232 miles west of Nauvoo) – From Mount Pisgah the trail proceeds past the modern towns of Orient, Bridgewater, Massena and Lewis. Just west of Lewis, the 1846 emigrants passed a Potawatomi encampment on the Nishnabotna River. The Potawatomis were also refugees; 1846 was their last year in the area.
Grand Encampment (255 miles west of Nauvoo) – From the Nishnabotna River, the trail proceeds past present-day Macedonia to Mosquito Creek on the eastern outskirts of present-day Council Bluffs. The first emigrant company arrived on June 13, 1846. At this open area, where the Iowa School for the Deaf is now located, the LDS emigrant companies paused and camped, forming what was called the Grand Encampment. From this site on July 20, the Mormon Battalion departed for the Mexican–American War.
Kanesville (later Council Bluffs) (265 miles west) – The emigrants established an important settlement and outfitting point at this site on the Missouri River, originally known as Miller's Hollow. The emigrants renamed the settlement as Kanesville, honoring Thomas L. Kane, a non-LDS attorney who was politically well connected and used his influence to assist the Latter-day Saints. From 1846 to 1852, it was an important LDS settlement and the outfitting point for companies traveling to present-day Utah. Orson Hyde, an Apostle and ecclesiastical leader of the settlement, published a newspaper called the Frontier Guardian. In 1852 the major LDS settlements at Kanesville, Mount Pisgah, and Garden Grove were closed as the settlers moved on to Utah. After 1852, however, the Church continued to outfit and supply emigrant companies (mostly LDS converts coming from the British Isles and mainland Europe) at this community, now renamed Council Bluffs, until the mid-1860s, when the terminus of the First Transcontinental Railroad was extended to the west. [Ref: www.Wikipedia.org/wiki/Mormon trail]
4. This is a 1849 letter sent to Mrs. Philones Geer in Council Bluffs, Caines ville, Pottawatomies, Iowa from Lucinda Witherell, "Sister in the New and Everlasting Covenant" living in Chester Village in Western Massachusetts. "New and Everlasting Covenant," is a covenant long considered to be referring directly to the practice of plural marriage; but the validity of the revelation is rejected by the LDS Church, which does not consider it to be authentic. {Ref: Deseret News, Church Section. June 18, 1933, "Furthermore, so far as the authorities of the Church are concerned and so far as the members of the Church are concerned, since this pretended revelation, if ever given, was never presented to and adopted by the Church or by any Council of the Church, and since to the contrary, an inspired rule of action, the Manifesto, was (subsequently to the pretended revelation) presented to and adopted by the Church, which inspired rule in its terms, purport, and effect was directly opposite to the interpretation given to the pretended revelation, the said pretended revelation could have no validity and no binding effect and force upon Church members, and action under it would be unauthorized, illegal, and void.}. Still, since the time of John Taylor (1808 – 1887) an English religious leader who served as the third president of The Church of Jesus Christ of Latter-day Saints from 1880 to 1887 the "New and Everlasting Covenant" is a covenant used by Mormon fundamentalists and opponents of LDS theology to condone the practice of polygamy, but this justification that the practice of plural marriage is a true covenant in LDS scripture is invalid and an incorrect interpretation of the scripture in the Book of Mormon, according to the Church of Jesus Christ of Latter Day Saints official position on the topic. [Ref: The Church of Jesus Christ of Latter Day Saints www.churchofjesuschrist.org/study/ensign/2015/12/the-new-and-everlasting-covenant] This letter is a plea for news of those western emigrants who "have gone over the mountain", news of the Church and expresses the desire of the write to join the brethren in the west and "have the privilege of living with the Saints of God". The letter states, "We get no information (in the East) respecting the Church except what we get from the papers that the first Company that went over the mountain many of them starved to death and those that went through lived on the flesh of those that died and since they have got there many of them have been killed by the Indians. I wish you would write us the facts in this matter." This can only be a direct reference to the Donner Party cannibalism. This letter includes a fully transcribed, typed copy.
5. This is a letter sent from Tehama, California in 1855 to Mrs. Gere from a friend, implies that Sally and Philoness Gere were finally persuaded to join the effort on the Western Front. While there is no cover address available and it is not specifically stated where the letter was sent to, in the first line the writer states she “stopped at your house last spring on the road to California”, a clear indication that the Geres must have finally left Massachusetts, if only temporarily and settle somewhere on the Missouri River near Council Bluffs. The writer goes on to talk of her journey along the Mormon trail to California, the trials and tribulations she and her party faced, run-ins with Indians along the way, who stole 23 of their best horses, and her brief visit to Salt Lake City, where she and her husband had a “long talk with an old man, who had much to say about Brigham Young and appeared to think every word he said is law and gospel.” Throughout this letter, the writer gives sporadic details about her journey west, which lead the reader down the one early path of the Mormon trail, from Nauvoo to Salt Lake City, but peculiarly splitting from some of their party at the Humboldt River and choosing to take the “Nobles” route, instead. The route, called Noble's Road, left the main trail near Lasson's meadow (now Rye Patch Reservoir) in Nevada, and bypassed most of the large Applegate-Lassen loop north almost to on the Oregon-California border. This reasonably easy wagon route followed the Applegate-Lassen Trail to the Boiling Spring at Black Rock in Black Rock Desert and then went almost due west from there to Shasta, California, in the Central Valley via Smoke Creek Desert to present-day Honey Lake and present-day Susanville before passing North of Mt. Lassen and on to Shasta near present-day Redding. The writer eventually settled in Colusa, California. Aside from this particular letter’s significance in placing the Gere’s near Nauvoo, Illinois, this letter also hold much value to researchers and historians interested in the emigrant trails to California in the mid 1800s. This letter includes a fully transcribed, typed copy.
6. Four documents related to a loan of $2,000 given May 1st, 1856 by Sally and Philoness Gere to Mr. John B. Beers of Council Bluffs.
7. Correspondences written to Sally Gere over a several decade period.
8. Four-year log of meteorological observations from an unknown location. It is included because the writing is identical the the known writing sample of Sally Gere.
Auction Location:
3555 Airway Drive Suite 309, Reno, Nevada, 89511, United States
Previewing Details:
Preview will be at our Auction Location,
3555 Airway Drive Suite 309
Reno, NV 89511
on Tuesday and Wednesday, July 9th and 10th, from 10:00 am to 5:00 pm or by appointment.
Please call 775-851-1859
Nevada State Sales Tax
Taxes:
Tax | Rate | Desc. |
NSST |
8.265% |
Nevada Sales Tax |
CSST |
8% |
California Sales Tax |
Buyer's Premiums:
From (Incl.) | To (Excl.) | Premium |
0.00 |
Infinite |
25% |
Additional Fees:
Fee | Amount | Applicable Locations | Applied To |
Handling |
5.00
|
Not Applicable
|
This fee applies to the total of the invoice
|
Shipping Details:
SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All shipping is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be reinvoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require special handling for which individual costs will be calculated and applied to the shipping charge on the invoice. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. Purchases will be shipped via our approved, insured carriers: Federal Express or the US Postal Service. All items shipped Federal Express or USPS will be insured for the full value determined at auction by HWAC, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
Large, heavy or fragile items will incur extra shipping charge. After initial payment we will pack your shipment and print shipping label. We will then re-invoice you for any additional charges.
Please consider extra costs of shipping and handling charges when you make your purchases.
We encourage you to pick up items after the auction. Many items may require special handling and would incur additional handling and shipping costs way beyond those anticipated.
Payment Details:
Due on receipt of invoice.
If paying by Credit Card please call our office at 775-851-1859 to arrange payment.
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 or 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, 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 will apply, according to Nevada State law, for any items that ship to or are picked up in Washoe County, Nevada (8.265%) unless a current, valid resale certificate is faxed to us at 775-851-1834 before bids are placed.
5. SHIPPING & HANDLING: Shipping and Handling will be estimated prior to invoicing, based on the size and weight of your purchase. All shipping and handling is subject to a minimum charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require special handling for which individual costs will be calculated and applied to the shipping charge on the invoice. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. Purchases will be shipped via our approved, insured carriers: Federal Express or the US Postal Service. All items shipped Federal Express or USPS will be insured for the full value determined at auction by HWAC, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
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 200 lots per hour. An item is not sold until the next lot is announced. (We cannot be 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 requests 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 are considered no-bids. Bids made in amounts that do not conform to the bid increment table in item 8 below 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 for those bidding via the Internet. 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. Gold is generally reserved at or near spot, though it could be slightly below spot.
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: Shipping charges will be added to all invoices. 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 Visa, Master Card, American Express, Discover, Money Order/Cashier’s Check, Personal Check or PayPal. Customers wishing to pay by check or money order MUST contact our office for an invoice total before sending payment 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. SHIPPING & HANDLING: Shipping and Handling cannot be estimated prior to invoicing, based on the size and weight of your purchase. All invoices are subject to a minimum shipping and handling charge of $19.00. If additional shipping and handling costs are required, the buyer will be re-invoiced for the balance due. Items are not shipped until the invoice is completely paid. Many buyers purchase a number of lots. Every effort will be made to include all lots in a single shipping charge calculated to cover the weight and size of the package(s). NOTE: Some shipments (of unusual size, dimension, or weight) may require special handling for which individual costs will be calculated and applied to the shipping charge on the invoice. The buyer is responsible for arranging and paying for shipment of large or special items. The customer is responsible for all shipping charges. Purchases will be shipped via our approved, insured carriers: Federal Express or the US Postal Service. All items shipped Federal Express or USPS will be insured for the full value determined at auction by HWAC, which is included in our buyer’s premium. Pick up is available from our Reno office the next business day after the auction.
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 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 in the opinion of different people or collectors.
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.