Précis
Plaintiff Philip DeBruno, an art dealer, consigned a painting to defendant Sotheby’s auction house. Sotheby’s experts decided the painting was an authentic George Stubbs and gave a $60,000-$80,000 estimate. DeBruno signed a consignment agreement with Sotheby’s. When the winning bidder refused payment over
authenticity
The genuineness or truth of something; in art, the determination or judgment that a work is by the artist to whom it has been attributed.
authenticity issues, DeBruno did not take Sotheby’s suggested actions and instead sought damages for
breach of contract
Violation of a contractual obligation by failing to perform one's own promise, by repudiating it, or by interfering with another party's performance (Black’s Law Dictionary (8th ed. 2004)).
breach of contract, misrepresentation, and breach of
consignment
The act of conveying goods to one who will sell them for the owner or transport them for the owner.
consignment. The New Jersey District Court dismissed all charges and awarded
summary judgment
A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial (Black’s Law Dictionary (8th ed. 2004)).
summary judgment to the defendant.
