2nd Feb, 2023 11:00 EST

Books and Manuscripts

 
  Lot 37
 
Lot 37 - [Business, Industry & Finance] Ward, Samuel, Jr.

37

[Business, Industry & Finance] Ward, Samuel, Jr.
Extensive Archive Related to Samuel Ward, Jr.

Extensive Archive Related to Early Prominent New York Stockbroker and Land Speculator, Samuel Ward, Jr.

Locations vary, ca. 1787-1815. Archive of approximately 127 printed and manuscript documents, comprising 83 letters, 16 contract agreements, 13 receipts, seven payment orders, and eight statements of land transfer, all related to Samuel Ward, Jr. (1756-1832), his mercantile firm, Samuel Ward and Brother, other business ventures of his, as well as numerous professional and personal associates of his of the late 18th and early 19th centuries. Notable signatures include: Nathaniel Prime (1768-1840), early stockbroker; William Constable (1752-1803), merchant; James Greenleaf (1765-1843), financier and land speculator; John Brown (1736-1803), Rhode Island Congressman; Comfort Sands (1738-1834), New York statesman; William Greene, Jr. (1731-1809), Rhode Island Governor; Daniel Crommelin (1741-1808), merchant; Alexander Macomb (1748-1831), merchant and speculator; Richard Harison (1747-1829), New York Attorney General; Sir William Pulteney (1729-1805), British politician and land speculator; Daniel Ludlow (1750-1840), banker. The archive references several important individuals such as Nathanael Greene, Aaron Burr, Robert Morris, Rufus King, the Marquis de Lafayette, William Duer, Henry Knox, Nathanael Gorham, John Nicholson, William S. Smith, John Pintard, Daniel McCormick, John J. Angerstein, Pierre Chassanis, and many more. Condition varies, most with contemporary folds, toning, and tears. Full list of documents with descriptions available upon request.

Samuel Ward, Jr. was a merchant, land speculator, and veteran of the Continental Army. He served in a number of notable conflicts as Lieutenant Colonel of the 1st Rhode Island Regiment and was a prisoner of war before being decommissioned in 1781. He was the son of Samuel Ward, Sr. (1725-1776), a prominent judge, Colonial Governor of Rhode Island and Providence Plantations, and a Rhode Island delegate to the Continental Congress. After the Revolution, the younger Ward went into business as a merchant based out of Warwick, Rhode Island, was selected as a delegate to the Annapolis Conference of 1786, and moved to New York City in 1790 where he established the firm Samuel Ward and Brother. He remained in or around that city for the remainder of his life. This archive touches on all aspects of Wards post-war life, including his vast dealings in stock trading, land speculation, and merchant trading.

Of note are documents highlighting Ward's extensive trading of U.S. bank stocks in the early years of what would become the New York Stock Exchange, ca. 1792-98. Ward traded shares in several recently-formed banks, such as The First Bank of the United States, The Bank of North America, and the non-federal Bank of New York--among the first stocks traded on this early market. These papers also highlight Ward’s long relationship to prominent New York broker and banker Nathaniel Prime, as well as to Daniel Ludlow, Gulian Verplanck, and others. Prime, author of a number of letters in the archive, founded Nathaniel Prime, Stock and Commission Broker, in 1796--one of the first public traders of bank stocks on Wall Street in New York City. Of particular note is a leaf from Prime's company account ledger outlining some of his first transactions with Ward, in 1792. In 1808 Prime brought in Ward’s son, Samuel Ward III (1786-1839), as a partner in his brokerage firm, which would became Prime and Ward.

Another group of documents deal with Ward's involvement in the sale of lands in the state of New York. As a result of the peace negotiations at the conclusion of the American Revolution the State of New York was given millions of acres of land on its western frontier, formerly occupied by the British Crown and its Native American allies. In order to attract settlers, as well as to balance longstanding war debts, the New York State government authorized the sale of a large portion of this land. In 1791, he invested in a vast amount of this land through his relationship with businessman, tea merchant, and Continental Army veteran, William Constable. Constable, along with Alexander Macomb--a wealthy fur trader and shipping magnate--and Daniel McCormick (1740-1834) purchased 3,635,200 acres of this New York land at 8 pence per acre. This enormous sale, later dubbed “Macomb’s Purchase”, made the three men owners of almost one eighth of the entire state. They quickly set out to find buyers to recoup their investment, and Samuel Ward purchased 1,000,000 acres from Constable. Ward then sold 210,000 of those acres to James Greenleaf, a speculator from Boston. Ward, Constable, and Greenleaf then made trips to Europe to sell tracts of this land to foreign nationals in England, France, and the Netherlands. Many of the documents mention potential investors from powerful European firms such as Lane Son and Frazer, in England; Daniel Crommelin and Sons, in the Netherlands; and a French group referred to as "La Companie de New York." The French Revolution casts a shadow over several of the letters between Ward and Constable, and in one, dated September 1, 1793, Constable shares the unfortunate news regarding a former investor: "...Dr. Grigorie of Dunkirk is guillotined—He had property of ours in his hands which I am afraid may be confiscated..."

Many documents dating to the mid-1790s relate to Ward and his associates' interest in the then-contested and hotly coveted borderlands of western Georgia, which would come to be called the "Yazoo Land Scandal," where speculators and state politicians attempted to sell parcels of land not yet technically part of the United States. Much like New York, Georgia’s territorial boundaries greatly changed following the Revolution. The state claimed a large portion of land in its western territory which was then occupied by Native Americans, and also contested by Spanish Florida. Due to those claims, the Federal government opposed the sale of any of the land, yet several speculators and members of the Georgia state legislature saw an opportunity to make a fortune. In 1789, the state attempted to sell 20,000,000 acres of land to multiple land companies but the deal fell through when buyers tried to settle with depreciated currency. In 1794, a number of new companies were founded with the same purpose, such as the Georgia Company (often mentioned in the archive), the Georgia-Mississippi Company, and the Upper Mississippi Company. All had influential patrons who were bribed with company shares in exchange for favorable legislation regarding future land sales, including Georgia Senator James Gunn (1753-1801), Supreme Court Justice James Wilson (1742-1798), as well as multiple Georgia state Congressmen. On January 7, 1795, Georgia Governor George Matthews authorized the sale of 40,000,000 acres of western land, later known as the Yazoo Act, taking its name from the Native American nation that once settled the area. When details of the corruption and inside deals became known—dubbed the "Yazoo Land Scandal"—members of the public became outraged, and action was taken to nullify the sales within a year. The matter was not at an end however, as many individuals still laid claim to tracts of land, and sought to resolve the issues through litigation. The last Yazoo-related case would not be settled in the American courts until 1816.

One incident of note frequently mentioned in this archive involves a land sale gone awry between Ward-Constable and prominent English businessman John J. Angerstein (1735-1823). Due to laws against non-citizens owning property within the United States, American agents in Europe found their efforts hindered when attempting to sell the New York land to foreign nationals. Aaron Burr--then a Senator from New York--was an associate of Constable’s and found a loophole in the laws: aliens could not own land but could still own a mortgage on property and foreclose as successfully as a citizen. With this knowledge, Ward and Constable pitched the sale to Angerstein with the stipulation that Ward would use his political connections in the United States to change legislation so Angerstein could own the land outright, and in December of 1792 they finalized the sale of 200,000 acres. According to their agreement, if legislation did not pass, Constable agreed to purchase Angerstein’s tract in his stead, repay him his initial payment with interest, and receive the title. However, Ward did not attempt to have any law passed as he was aware that such legislation was recently struck down in the New York Assembly. Using his power of attorney Ward sold Angerstein's promised tract to Aaron Burr and James Greenleaf. Angerstein was promised payment from this sale, but only if the notes of Burr and Greenleaf were honored for their original endorsement. Four years later, in 1796, Greenleaf defaulted on the note payable to Angerstein due to other debts he had at the time, and Angerstein filed a lawsuit against him and Burr. Angerstein employed New York lawyer Daniel McKinnon, to whom Alexander Hamilton served as counsel at the time. Also included in the archive is an annotated draft in multiple hands--as well as a final copy--of Ward's testimony given to Hamilton regarding these events. Angerstein was ultimately successful in his litigation against Ward, Burr, and Greenleaf. The entire affair is cited as one of the causes of ill feeling between Hamilton and Burr that would culminate in their fateful duel in 1804.

Miscellaneous documents that round out the archive highlight: trade between Ward's merchant firm Samuel Ward and Brother, European wholesale suppliers, and New York based artisans; the contentious settlement of the estate of Major General Nathanael Greene (1742-1786), who died in debt, and of whom Ward was a lifelong friend and one of Greene's executors; Ward's correspondence with family members.

A unique and fascinating archive exploring the new world of merchants, stocks, and land speculation in the early years of the American Republic.

Estimate
$8,000 - $12,000
 

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Extensive Archive Related to Early Prominent New York Stockbroker and Land Speculator, Samuel Ward, Jr.

Locations vary, ca. 1787-1815. Archive of approximately 127 printed and manuscript documents, comprising 83 letters, 16 contract agreements, 13 receipts, seven payment orders, and eight statements of land transfer, all related to Samuel Ward, Jr. (1756-1832), his mercantile firm, Samuel Ward and Brother, other business ventures of his, as well as numerous professional and personal associates of his of the late 18th and early 19th centuries. Notable signatures include: Nathaniel Prime (1768-1840), early stockbroker; William Constable (1752-1803), merchant; James Greenleaf (1765-1843), financier and land speculator; John Brown (1736-1803), Rhode Island Congressman; Comfort Sands (1738-1834), New York statesman; William Greene, Jr. (1731-1809), Rhode Island Governor; Daniel Crommelin (1741-1808), merchant; Alexander Macomb (1748-1831), merchant and speculator; Richard Harison (1747-1829), New York Attorney General; Sir William Pulteney (1729-1805), British politician and land speculator; Daniel Ludlow (1750-1840), banker. The archive references several important individuals such as Nathanael Greene, Aaron Burr, Robert Morris, Rufus King, the Marquis de Lafayette, William Duer, Henry Knox, Nathanael Gorham, John Nicholson, William S. Smith, John Pintard, Daniel McCormick, John J. Angerstein, Pierre Chassanis, and many more. Condition varies, most with contemporary folds, toning, and tears. Full list of documents with descriptions available upon request.

Samuel Ward, Jr. was a merchant, land speculator, and veteran of the Continental Army. He served in a number of notable conflicts as Lieutenant Colonel of the 1st Rhode Island Regiment and was a prisoner of war before being decommissioned in 1781. He was the son of Samuel Ward, Sr. (1725-1776), a prominent judge, Colonial Governor of Rhode Island and Providence Plantations, and a Rhode Island delegate to the Continental Congress. After the Revolution, the younger Ward went into business as a merchant based out of Warwick, Rhode Island, was selected as a delegate to the Annapolis Conference of 1786, and moved to New York City in 1790 where he established the firm Samuel Ward and Brother. He remained in or around that city for the remainder of his life. This archive touches on all aspects of Wards post-war life, including his vast dealings in stock trading, land speculation, and merchant trading.

Of note are documents highlighting Ward's extensive trading of U.S. bank stocks in the early years of what would become the New York Stock Exchange, ca. 1792-98. Ward traded shares in several recently-formed banks, such as The First Bank of the United States, The Bank of North America, and the non-federal Bank of New York--among the first stocks traded on this early market. These papers also highlight Ward’s long relationship to prominent New York broker and banker Nathaniel Prime, as well as to Daniel Ludlow, Gulian Verplanck, and others. Prime, author of a number of letters in the archive, founded Nathaniel Prime, Stock and Commission Broker, in 1796--one of the first public traders of bank stocks on Wall Street in New York City. Of particular note is a leaf from Prime's company account ledger outlining some of his first transactions with Ward, in 1792. In 1808 Prime brought in Ward’s son, Samuel Ward III (1786-1839), as a partner in his brokerage firm, which would became Prime and Ward.

Another group of documents deal with Ward's involvement in the sale of lands in the state of New York. As a result of the peace negotiations at the conclusion of the American Revolution the State of New York was given millions of acres of land on its western frontier, formerly occupied by the British Crown and its Native American allies. In order to attract settlers, as well as to balance longstanding war debts, the New York State government authorized the sale of a large portion of this land. In 1791, he invested in a vast amount of this land through his relationship with businessman, tea merchant, and Continental Army veteran, William Constable. Constable, along with Alexander Macomb--a wealthy fur trader and shipping magnate--and Daniel McCormick (1740-1834) purchased 3,635,200 acres of this New York land at 8 pence per acre. This enormous sale, later dubbed “Macomb’s Purchase”, made the three men owners of almost one eighth of the entire state. They quickly set out to find buyers to recoup their investment, and Samuel Ward purchased 1,000,000 acres from Constable. Ward then sold 210,000 of those acres to James Greenleaf, a speculator from Boston. Ward, Constable, and Greenleaf then made trips to Europe to sell tracts of this land to foreign nationals in England, France, and the Netherlands. Many of the documents mention potential investors from powerful European firms such as Lane Son and Frazer, in England; Daniel Crommelin and Sons, in the Netherlands; and a French group referred to as "La Companie de New York." The French Revolution casts a shadow over several of the letters between Ward and Constable, and in one, dated September 1, 1793, Constable shares the unfortunate news regarding a former investor: "...Dr. Grigorie of Dunkirk is guillotined—He had property of ours in his hands which I am afraid may be confiscated..."

Many documents dating to the mid-1790s relate to Ward and his associates' interest in the then-contested and hotly coveted borderlands of western Georgia, which would come to be called the "Yazoo Land Scandal," where speculators and state politicians attempted to sell parcels of land not yet technically part of the United States. Much like New York, Georgia’s territorial boundaries greatly changed following the Revolution. The state claimed a large portion of land in its western territory which was then occupied by Native Americans, and also contested by Spanish Florida. Due to those claims, the Federal government opposed the sale of any of the land, yet several speculators and members of the Georgia state legislature saw an opportunity to make a fortune. In 1789, the state attempted to sell 20,000,000 acres of land to multiple land companies but the deal fell through when buyers tried to settle with depreciated currency. In 1794, a number of new companies were founded with the same purpose, such as the Georgia Company (often mentioned in the archive), the Georgia-Mississippi Company, and the Upper Mississippi Company. All had influential patrons who were bribed with company shares in exchange for favorable legislation regarding future land sales, including Georgia Senator James Gunn (1753-1801), Supreme Court Justice James Wilson (1742-1798), as well as multiple Georgia state Congressmen. On January 7, 1795, Georgia Governor George Matthews authorized the sale of 40,000,000 acres of western land, later known as the Yazoo Act, taking its name from the Native American nation that once settled the area. When details of the corruption and inside deals became known—dubbed the "Yazoo Land Scandal"—members of the public became outraged, and action was taken to nullify the sales within a year. The matter was not at an end however, as many individuals still laid claim to tracts of land, and sought to resolve the issues through litigation. The last Yazoo-related case would not be settled in the American courts until 1816.

One incident of note frequently mentioned in this archive involves a land sale gone awry between Ward-Constable and prominent English businessman John J. Angerstein (1735-1823). Due to laws against non-citizens owning property within the United States, American agents in Europe found their efforts hindered when attempting to sell the New York land to foreign nationals. Aaron Burr--then a Senator from New York--was an associate of Constable’s and found a loophole in the laws: aliens could not own land but could still own a mortgage on property and foreclose as successfully as a citizen. With this knowledge, Ward and Constable pitched the sale to Angerstein with the stipulation that Ward would use his political connections in the United States to change legislation so Angerstein could own the land outright, and in December of 1792 they finalized the sale of 200,000 acres. According to their agreement, if legislation did not pass, Constable agreed to purchase Angerstein’s tract in his stead, repay him his initial payment with interest, and receive the title. However, Ward did not attempt to have any law passed as he was aware that such legislation was recently struck down in the New York Assembly. Using his power of attorney Ward sold Angerstein's promised tract to Aaron Burr and James Greenleaf. Angerstein was promised payment from this sale, but only if the notes of Burr and Greenleaf were honored for their original endorsement. Four years later, in 1796, Greenleaf defaulted on the note payable to Angerstein due to other debts he had at the time, and Angerstein filed a lawsuit against him and Burr. Angerstein employed New York lawyer Daniel McKinnon, to whom Alexander Hamilton served as counsel at the time. Also included in the archive is an annotated draft in multiple hands--as well as a final copy--of Ward's testimony given to Hamilton regarding these events. Angerstein was ultimately successful in his litigation against Ward, Burr, and Greenleaf. The entire affair is cited as one of the causes of ill feeling between Hamilton and Burr that would culminate in their fateful duel in 1804.

Miscellaneous documents that round out the archive highlight: trade between Ward's merchant firm Samuel Ward and Brother, European wholesale suppliers, and New York based artisans; the contentious settlement of the estate of Major General Nathanael Greene (1742-1786), who died in debt, and of whom Ward was a lifelong friend and one of Greene's executors; Ward's correspondence with family members.

A unique and fascinating archive exploring the new world of merchants, stocks, and land speculation in the early years of the American Republic.

  

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All property offered and sold (“property”) through Samuel T. Freeman & Co, (“Freeman’s”) shall be offered and sold on the terms and conditions set forth below which constitutes the complete statement of the terms and conditions on which all property is offered for sale. By bidding at the auction, whether present in person or by agent, by written bid, telephone, internet or other means, the buyer agrees to be bound by these terms and conditions.

1. Unless otherwise indicated, all Property will be offered by Freeman’s as agent for the Consignor.

2. Freeman’s reserves the right to vary the terms of sale and any such variance shall become part of these Conditions of Sale.

3. As a result of the Covid-19 Pandemic, in person inspections of the Property are available by appointment only and therefore, Freeman’s has also made available to the Buyer the opportunity to (a) view the lot online at freemansauction. com and to view the auction’s e-catalogue, (b) submit a request for a condition report either through the online lot listing or by contacting the specialist directly and (c) have a virtual consultation with the specialist. Buyer acknowledges that it has had the right to take advantage of the aforementioned inspections prior to the sale to determine the condition, size, repair or restoration of any Property. Buyer acknowledges that  it had the right to make a full inspection of all Property prior to sale to determine the condition, size, repair or restoration of any Property. Therefore, all property is sold “AS-IS”. Freeman’s is acting solely as an auction broker, and unless otherwise stated, does not own the Property offered for sale and has made no independent investigation of the Property. Freeman’s makes no warranty of title, merchantability or fitness for a particular purpose, or any other warranty or representation regarding the description, genuineness, attribution, provenance or condition to the Property of any kind or nature with respect to the Property.

4. Freeman’s in its sole and exclusive discretion, reserves the right to withdraw any property, at any time, before the fall of the hammer.

5. Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalogue. Freeman’s reserves the right to determine any and all matters regarding the order, precedence or appropriate increment of bids or the constitution of lots.

6. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid, to advance the bidding at his absolute discretion and in the event of any dispute between bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or to re- offer and resell the article in dispute. If any dispute arises after sale, the Freeman’s sale record shall be conclusive in all respects.

7. If the auctioneer determines that any opening or later bid or any advance bid is not commensurate with the value of the Property offered, he may reject the same and withdraw the Property from sale.

8. Upon the fall of the hammer, title to any offered lot or article will immediately pass to the highest bidder as determined in the exclusive discretion of the auctioneer, subject to compliance by the buyer with these Conditions of Sale. Buyer thereupon assumes full risk and responsibility of the property sold, agrees to sign any requested confirmation of purchase, and agrees to pay the full price, plus Buyer’s Premium, therefore or such part, upon such terms as Freeman’s may require.

9. No lot may be removed from Freeman’s premises until the buyer has paid in full the purchase price therefor including Buyer’s Premium or has satisfied such terms that Freeman’s, in its sole discretion, shall require. Subject to the foregoing, all Property shall be paid for and removed by the buyer at his/her expense within ten (10) days of sale and, if not so removed, may be sold by Freeman’s, or sent by Freeman’s to a third-party storage facility, at the sole risk and charge of the buyer(s), and Freeman’s may prohibit the buyer from participating, directly or indirectly, as a bidder or buyer in any future sale or sales. In addition to other remedies available to Freeman’s by law, Freeman’s reserves the right to impose a late charge of 1.5% per month of the total purchase price on any balance remaining ten (10) days after the day of sale. If Property is not removed by the buyer within ten (10) days, a handling charge of 2% of the total purchase price per month from the tenth day after the sale until removal by the buyer shall be payable to Freeman’s by the buyer. Freeman’s will not be responsible for any loss, damage, theft, or otherwise responsible for any goods left in Freeman’s possession after ten (10) days. If the foregoing conditions or any applicable provisions of law are not complied with, in addition to other remedies available to Freeman’s and the Consignor (including without limitation the right to hold the buyer(s) liable for the bid price) Freeman’s, at its option, may either cancel the sale, retaining as liquidated damages all payments made by the buyer(s), or resell the property. In such event, the buyer(s) shall remain liable for any deficiency in the original purchase price and will also be responsible for all costs, including warehousing, the expense of the ultimate sale, and Freeman’s commission at its regular rates together with all related and incidental charges, including legal fees. Payment is a precondition to removal. Payment shall be by cash, certified check or similar bank draft, or any other method approved by Freeman’s. Checks will not be deemed to constitute payment until cleared. Any exceptions must be made upon Freeman’s written approval of credit prior to sale. In addition, a defaulting buyer will be deemed to have granted and assigned to Freeman’s, a continuing security interest of first priority in any property or money of, or owing to such buyer in Freeman’s possession, and Freeman’s may retain and apply such property or money as collateral security for the obligations due to Freeman’s. Freeman’s shall have all of the rights accorded a secured party under the Pennsylvania Uniform Commercial Code.

10. Unless the sale is advertised and announced as “without reserve”, each lot is offered subject to a reserve and Freeman’s may implement such reserves by bidding through its representatives on behalf of the Consignors. In certain instances, the Consignor may pay less than the standard commission rate where Freeman’s or its representative is a successful bidder on behalf of the Consignor. Where the Consignor is indebted to Freeman’s, Freeman’s may have an interest in the offered lots and the proceeds therefrom, other than the broker’s Commissions, and all sales are subject to any such interest.

11. No “buy” bids shall be accepted at any time for any purpose.

12. Any pre-sale bids must be submitted in writing to Freeman’s prior to commencement of the offer of the first lot of any sale. Freeman’s copy of any such bid shall conclusively be deemed to be the sole evidence of same, and while Freeman’s accepts these bids for the convenience of bidders not present at the auction, Freeman’s shall not be responsible for the failure to execute, or, to execute properly, any pre-sale bid.

13. A Buyer’s Premium will be added to the successful bid price and is payable by the buyer as part of the total purchase price. The Buyer’s Premium shall be: 26% on the first $600,000 of the hammer price of each lot, 21% on the portion from $600,001 through $4,000,000 and 15% thereafter.

14. Third-Party Internet Bidding Services (a) Third Party Bidding Platforms. We engage third party online bidding platforms to collect or facilitate auction bids (“Bidding Platforms”), each of which levy a fee for their services, and have their own rules on fees and how to bid and buy online using these Bidding Platforms. Freeman’s has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Bidding Platforms. Your dealings with Bidding Platforms are solely between you and such Bidding Platforms. We encourage you to be aware of, and to read, the terms and conditions and privacy policy of any Bidding Platforms that you visit. You expressly release Freeman’s from any and all liability arising from your use of any Bidding Platform or other third-party website or service. (b) Waiver. Absentee Bids left with Bidding Platforms are released to Freeman’s when a lot comes up for sale. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE AND OUR SELLERS BE LIABLE FOR ANY DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THESE BIDDING PLATFORMS.  

15. Unless exempted by law from the payment thereof, the buyer will be required to pay any and all federal excise tax and any state and/or local sales taxes, including where deliveries are to be made outside the state where a sale is conducted, which may be subject to a corresponding or compensating tax in another state.

All purchases made at Freeman’s, therefore, will be subject to the Pennsylvania State and Local sales tax--currently at a combined rate of 8%, which is applied to the hammer price plus buyer’s premium--unless the successful buyer submits the required tax exemption documentation. Those seeking exemption from sales tax must provide a valid certificate to Freeman’s prior to outgoing shipment.

In accordance with Pennsylvania State law, if Freeman’s or the buyer arranges for a lot/s to be shipped outside of Pennsylvania through an independent, third-party shipping company, Freeman’s must collect Pennsylvania sales tax on the lot/s irrespective of the property’s final destination. If the item is first delivered to any hired service provider (e.g. restorer, storage facility, etc.) located in Pennsylvania, Pennsylvania sales tax will still be applicable and invoiced, even if the lot will ultimately be shipped out-of-state.

16. Freeman’s may, as a service to buyer, arrange to have purchased property posted and shipped at the buyer’s expense. Freeman’s is not responsible for any acts or omissions in packing or shipping of purchased lots whether or not such carrier is recommended by Freeman’s. Packing and handling of purchased lots is at the responsibility of the buyer and is at the entire risk of the buyer.

17. In no event shall any liability of Freeman’s to the buyer exceed the purchase price actually paid.

18. No claimed modification or amendment of this Agreement on the part of any party shall be deemed extant, enforceable or provable unless it is in writing that has been signed by the parties to this Agreement. No course of dealing and no delay or omission on the part of Freeman’s in exercising any right under this Agreement shall operate as a waiver of such right or any other right and waiver on any one or more occasions shall not be construed as a bar to or waiver of any right or remedy of Freeman’s on any future occasion.

19. These Conditions of Sale and the buyer’s, the Consignor’s and Freeman’s rights under these Conditions of Sale shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania and Consignor and Buyer agree to the exclusive jurisdiction of the Philadelphia, Pennsylvania Court of Common Pleas and the United States District Court for the Eastern District of Pennsylvania.   

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