System Number: 06223
Date: 20 November 1895
Place: Lyme Regis
Recipient: Fine Art Society
Repository: Glasgow University Library
Call Number: MS Whistler W218
Document Type: MsDS
[cover sheet:] Dated 1895
Jas M. Whistler Esqre
The Fine Art Society
Agreement as to exhibition and sale of Lithographs
Agreement made this twentieth day of November One thousand eight hundred and ninety five
Between James McNeil Whistler of 110 Rue de bac Paris in the Republic of France of the one part and the Fine Art Society Limited of 148 New Bond Street in the County of Middlesex by Marcus Bourne Huish Managing Director (hereinafter called the Society) of the other part[.] Whereas the Society has made arrangements for an Exhibition of Lithographs by the said James McNeil Whistler and for the sale thereof upon the terms hereinafter mentioned
Now it is hereby mutually agreed as follows: -
1 The Society shall open and keep open for six weeks at least on and from the seventh day of December next at its Galleries situate[d] as aforesaid an Exhibition of Lithographs by the said James McNeil Whistler such Lithographs to be selected by the said James McNeil Whistler and mounted and framed for exhibition by the Society but at the said James McNeill Whistlers expense such expense to be reasonable and the price for sale to the public of such Lithographs and the number of tirage shall be decided by him
2 Such exhibition shall be open to the public on every week day between the hours of 10 A. M. and 6 P. M. and shall be kept suitably lighted by artificial light whenever necessary. The price for admission of the public shall be one shilling per person
3 The lithographs shall be hung in position to the satisfaction of the said James McNeil Whistler.
4 During the exhibition the Society shall use its best endeavours to sell copies of the said Lithographs bearing the signature of the said
Lithographs bearing the signature of the said James McNeil Whistler and shall take orders from Purchasers[.] The Society shall as they are given transmit all orders for proofs sold beyond those in the Exhibition to the said James McNeil Whistler who shall forthwith instruct Mr Way of Wellington Street Strand to deliver to the Society Lithographs signed by the said James McNeil Whistler and mounted in the same way as those exhibited to comply with the said Orders. The price of the mounts and frames to be fixed by the said James McNeil Whistler is to be added to the price of the Lithographs
5 The Invitation cards to the Private View and Catalogue of the said Exhibition shall be first approved by the said James McNeil Whistler before being issued
6 The Society shall from the signing of this Agreement for a period of twelve months be entitled to the sole right of sale of the Lithographs save as regards America and to a Commission of twenty five percent of the price of all lithographs sold to the public and to ten per cent of the price of all lithographs sold to the trade who shall be furnished at a discount of fifteen per cent
7 The Society has paid the said James McNeil Whistler the sum of Twenty pounds and hereby agrees to pay him on the signing here of the further sum of Two hundred and fifty pounds making in all Two hundred and seventy pounds on account of sales
8 The account of sales shall be made up and submitted to the said James [p. 2] McNeil Whistler by the Society to the thirtieth day of March One thousand eight hundred and ninety six and a final account shall be also made up and submitted to him at the end of the said year and should the amount shown by such final account as being payable to the said James McNeil Whistler not amount to the total sum of Two hundred and seventy pounds paid as aforesaid the difference shall be made up to the Society by the said James McNeil Whistler handing to the Society Lithographs to the value of such difference - Any balance due to the said James McNeil Whistler shall be paid to him by the Society
9 The books of the Society and accounts of the sales shall at all reasonable times in the daytime be open to the inspection of the said James McNeil Whistler or anyone on his behalf.
10 Should any doubt difference or question arise upon or out of this Agreement or the accounts hereinbefore mentioned the same shall be referred to arbitration under the provisions of the Arbitration Act 1889 or any then subsisting Statute or Statutory modification thereof
In witness whereof the parties hereto have set their hands the day and year first above written
Signed by the said James McNeil Whistler in the presence of
'Name / Address / Occupation'
'J McNeil Whistler'
J. McNeill Whistler
Written in a clerk's hand, but signed by JW (and Harry Lam).
3. [cover sheet:]
This section of text is written on the verso of the folded document and was visible when the sheet was folded up.
Mr Whistler's Lithographs, The Fine Art Society, London, 1895.
5. 6d / A / [D?] / 22 11 95
Noted in another hand, in pencil.
6. [stamp:] SIX PENCE
This is a pre-printed circular red stamp bearing the following lettering: 'CC / 22 / 11 / 95 / SIX PENCE'. In left hand margin.
10. Name / Address / Occupation
Written in another hand, in pencil, as is 'J McNeil Whistler' below. These appear to be guidance for the signatories so as to fill the form in correctly.