Santa Fe art dealer Gerald Peters and billionaire Norman Waitt,
co-founder of Gateway computers, have settled a contentious lawsuit that
Waitt filed over his purchase of a painting from Peters’ gallery in
2008.
The suit, which centered on a painting by 19th century
artist Samuel Seymour, never went to trial. But in August, court records
show, Waitt and Peters reached a confidential settlement agreement that
resolved the dispute.We mainly supply professional craftspeople with
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Both sides agreed to bear their own attorneys’ fees and other costs, but the dismissal documents provide no additional detail.
Waitt
maintained that the painting was worth only one-sixth what he paid and
wanted his money back. Peters denied that and contended Waitt was
suffering a simple case of “buyer’s remorse.”
Efforts to obtain comment on the settlement Monday from Peters and attorneys on both sides of the case were unsuccessful.
In
his state District Court lawsuit, Waitt said Peters told him the
painting by Seymour was worth at least $1.2 million. Waitt relied on
that assessment when he bought it,We mainly supply professional
craftspeople with wholesale turquoise beads from china, but he later learned it was worth no more than $200,000,Directory ofchina glass mosaic
Tile Manufacturers, Waitt alleged. The suit didn’t provide the name of
the painting, but The Wall Street Journal has identified it as “Buffalo
Standing in a River.”
Waitt also accused Peters of reneging on
an unwritten agreement through which Waitt would take paintings home and
“after living with them” exchange them if he wished.
Waitt
co-founded Gateway with his brother in Iowa and sold his interests in
1991 for an estimated $1 billion. He became an investor in films and
other entertainment, including 2002′s “My Big Fat Greek Wedding.” Waitt
has had a house near Tesuque.
According to his lawsuit, Waitt
grew interested in American Western and Southwestern art and bought more
than 50 works from the Gerald Peters Gallery. At issue is Waitt’s
February 2008 purchase of the work by the obscure Seymour, who was one
of the first Anglos to depict Native Americans on canvas.
Seymour
(1775-1825) was a Philadelphia engraver and landscape artist. He
accompanied the Western expedition of Stephen H. Long in 1819-1820 and
made the earliest known sketches of the Royal Gorge and Pike’s Peak.
Peters, in a statement last year, said the painting that Waitt purchased was “very rare,Directory ofchina glass mosaic
Tile Manufacturers,” noting that Long’s expedition “was the first to
include a trained artist to keep a visual record of the vast landscape
of the Rocky Mountains they encountered.”
“The gallery has made
offers to trade the painting or to take it on consignment, but Mr. Waitt
has chosen instead to go to court,” Peters said in 2011.
When Waitt tried to return the painting, the lawsuit stated, Peters refused to take it back or exchange it.The term 'hands free access
control' means the token that identifies a user is read from within a
pocket or handbag. Waitt’s lawsuit cited previous instances in which he
returned paintings to Peters, including works by Matisse and Thomas
Moran. Sometimes, Peters issued him a credit that he used to buy
additional artworks, the complaint states.
Peters’ response to
the court called Waitt’s claim that the work was worth only $200,000
“preposterous.” It acknowledges the gallery accepted five works of art
in trade or return out of “more than 50″ transactions with Waitt but
claims these actions did not create a “course of dealing” giving Waitt a
perpetual contract right to return all purchases.
Bradford
Berge, an attorney for Waitt, said during a hearing that Peters’ gallery
“pulled a fast one” on Waitt. But Peters’ lawyer Jere Kathryn Smith
said Waitt had an opportunity to do research on the market for Seymour
paintings. “He’s alleging that his relationship with Mr. Peters was so
special that he should have told him not to buy the painting,” Smith
argued.
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