The California court rejected the lawsuit against Sotheby’s automatic translate
The Federal Court in California rejected a lawsuit filed by collector Steven Brooks, who claimed that the painting he bought at the Sotheby’s auction in London in 2004 could not be put up for auction, as it had previously belonged to one of the leaders of the fascist movement to Hermann Goering.
The court issued a verdict stating that the final decision in the case must be taken in the court of England. This was insisted on by the defendant’s lawyer, the auction house Sotheby’s. In making the decision, the court referred to the terms of the contract of sale, according to which all disputable aspects of the transaction enter into the jurisdiction of exclusively the English court.
The painting «Allegorical Portrait of Lady Diana, wounded by Cupid», which caused so much controversy, belongs to the brush of the artist Louis-Michel van Loo (Louis-Michel van Loo) and was written in the XVIII century.
Brooks argues that Sotheby’s experts had to investigate the origin of the picture, and the auction house itself had to inform potential buyers about its past before the sale began. The fact that the canvas belonged to Goring was discovered in 2010, when Brooks himself tried to sell the painting through the auction of Christie’s. Specialists at home found that Goering bought a painting in 1939 from an art dealer, and did not include Lady Diana in the list of lots. At the same time, the Sotheby’s House refused to return Brooks $ 96,000, which he paid for his work in 2004.
The decision of the court of California says, in particular, that «Sotheby’s annually performs operations in 40 countries, conducting dozens of auctions around the world. The business of the auction house itself is connected with possible risks of litigation. « Separately, it is noted that Stephen Brooks, before taking part in the transaction for $ 96,000, was to show great interest in studying both the history of the picture itself and the terms of the sale contract. Asked by journalists whether they would insist on a further trial, Brooks’s lawyer replied that «they will appreciate their capabilities.»
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