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Art Law Keyed to Gerstenblith, 4th Ed.
Krahmer v. Christie’s Inc.
Citation:
911 A.2d 399 (2006)Facts
In 1986, Christie’s consigned a painting titled “Interior” from the Detroit Club, which had owned it since 1914 and represented it was acquired directly from artist Frank Weston Benson. The painting had been independently appraised as authentic at least three times between 1925 and 1985. Christie’s head of American paintings, Jay Cantor, researched the provenance and inspected the painting, finding the style, subject matter, signature, and period frame consistent with Benson’s work. After failing to sell at a May 1986 auction, the painting was relisted in December 1986 when the Krahmers purchased it for $88,500. Christie’s provided a six-year limited warranty of authenticity and later appraised the painting at $85,000 in 1990. In 1999, the Krahmers sought authentication from the Catalogue Raisonné Committee for F.W. Benson, which ultimately concluded in 2002 that the painting was not authentic after comparison with a similar painting at the New Britain Museum. The Committee theorized the original had been removed from its frame at the Detroit Club and replaced with a forgery. The Krahmers filed their fraud petition in 2004, eighteen years after the purchase.
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