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The appeal was dismissed by the Court of Appeal which located no basis on which to interfere with the decision of the High Court. The contract of sale contained an 'authenticity guarantee', enabling for rescission of the contract and return of the painting need to Sotheby's ascertain it to be a 'counterfeit . On request by Nevada, Sotheby's promptly returned the buy price and the painting was handed back to the auction house. The painting was co-owned by Weiss and Fairlight Art Ventures LLP, an investment car ('Fairlight'). Sotheby's by Mark Weiss Ltd, a fine art dealership ('Weiss', of which Mark Weiss, also a party to the action in the High Court, was a director and the sole shareholder). Sotheby's duly sold the operate by private treaty for US $10,750,000 (plus buyer's premium) to EPC Nevada LLC ('Nevada', a business owned by Richard Hedreen). Sotheby's then looked to Weiss and Fairlight for reimbursement and commenced legal proceedings against them in February 2017 when this was not forthcoming. When a significant forgery scandal started to emerge in 2016 focused on the particular person from whom Weiss and Fairlight had purchased the painting, Giuliano Ruffini, (1) Sotheby's suggested the painting be re-examined. The ensuing investigations, which uncovered synthetic pigments not in use in the seventeenth century, prompted Sotheby's to determine that the painting was a counterfeit. Weiss eventually settled shortly before the High Court hearing in April 2019 (in the sum of US $4,200,000).

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