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Case Summary

Kohler v. Leslie Hindman, Inc.

Kohler v. Leslie Hindman, Inc., No. 93-cv-06170 (N.D. Ill. 1994), mot. for summary judgment granted, (N.D. Ill. 1995), aff’d, 80 F.3d 1181 (7th Cir. 1996).

The Kohlers consigned a painting, The Plains of Meudon, which was purportedly the work of Theodore Rousseau, to Leslie Hindman, Inc. (“Hindman”), an auction house, for sale. The high bidder for the work had made a verbal agreement with Hindman that allowed him to cancel the sale if a Rousseau expert failed to authenticate the work. Consequently, when the expert determined that the painting was not authentic, the buyer rescinded the sale. The Kohlers sued Hindman for

breach of contract, breach of fiduciary duty, and constructive fraud

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