Oscar E. Berninghaus
(1874-1952, Taos, NM)
"A Street in Taos"
Oil on canvas laid to canvas
Signed and inscribed lower right: O.E. Berninghaus / "Taos", titled on the stretcher remnant
22.5" H x 28" W

Provenance: Sale: Sotheby's New York, May, 25, 1988, Lot 107
Private Collection, Santa Barbara, California

Notes: Born in Saint Louis Missouri in 1874, Oscar Berninghaus was trained from childhood in his family's lithography business. As a young boy, he employed his precocious talent for the medium by establishing his own business selling his works to tourists and local newspapers. By sixteen, he was already working professionally, honing his technical skills at a local print house. Three years later, Berninghaus joined Woodward & Tiernan, the nations's foremost printing company. During this period, he also sought new technical skills and artistic training, enrolling in night classes at Washington University School of Fine Art.

Showing in his first solo exhibition at 25, Oscar garnered attention from the Rio Grande Railroad and McClures magazine. He was commissioned to draw and paint the Southwest, riding the train through the region. Berninghaus was drawn to New Mexico's landscape and made an unplanned stop along the train route, spending a life-changing week in Taos. He met fellow artist Bert Geer Phillips and the pair would go on to become lifelong friends and founding members of the Taos Society of Artists. During this period, Harper's Weekly would hail that "although a young man, [Berninghaus], has gained the reputation as a painter of the American Indians. He ranks among the foremost of Indian painters in the country."1

In 1904 Berninghaus had two works selected to be a part of the St. Louis World's Fair. This exposure led him to become one of St. Louis's most notable artists. Joining the St. Louis Artists' Guild, the Society of Western Artists, and the Salmagundi Club, his contributions were unmatched. The Director of the Saint Louis Art Museum commented that "Berninghaus' long-standing reputation and popularity will make him as hard to ignore in the future as in the past… [with] his great professionalism, dedication to art, sure skill and expertise with pen and brush… [and] the continuity of meaning in his art from the past to the present."2

For 25 years, beginning in 1900, the artist took leave from his illustration job and family in St. Louis to travel to Taos every summer. He spent days at a time working on accurately portraying the color palette and texture of his beloved home-away-from-home. "A Street in Taos" offers a sweeping, atmospheric landscape, capturing an authentic portrayal of the modernizing daily life of the Taos Indians. The scene features a group of figures, a covered wagon, and a steer. In the background are adobe structures that are gently shadowed by full, white clouds. The daily life of Pueblo Indians was a subject the artist spent years observing and detailing in his sketches. Later in his life, Berninghaus would be able to paint these scenes and figures from memory: "As an artist, he was fascinated with the way the sun and sky along with the mountains and buildings seem to blend harmoniously. Even the Indians appeared to be made of the same pigments as their Pueblo, their horses, their field[s]."3

In 1925, he decided to move to Taos, remaining there with his family until his death in 1952. The pillars to his success would be his unfettered access to the native community, his deep respect for their way of life, and his raw and nurtured talent that he applied to the lifelong study of the Pueblo Indians and New Mexico landscape. "Here indeed was an almost unspoiled wilderness that stirred something deep inside his being."

1 G.E. Sanders, Oscar Berninghaus, Taos, New Mexico, Master Painter of American Indians and the Frontier West,, Taos Heritage Publishing Company, 1985, p. 14.
2 Ibid., p. IX.
3 Ibid., p. 10.

Conditions of Sale

Terms and Conditions for John Moran Auctioneers
Conditions of Sale

AUCTION HOUSE AS AGENT
Except as otherwise stated, John Moran Auctioneers Moran's) acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.

BEFORE THE AUCTION
(a) Public Preview: All property is available for inspection by public preview during the day of auction. In many cases, particular lots can be examined in advance by private appointment. Prospective buyers are strongly encouraged to personally examine any property in which they are interested.
(b) Buyer's Responsibility: Buyers are responsible for determining to their own satisfaction the true nature and condition of any lot prior to bidding. Though buyers are not legally required to inspect lots prior to purchase, failure to do so may constitute a waiver of complaint that an item was not delivered in a condition equal to the existent condition at the auction.
(c) Property Sold 'As Is': Neither Moran's nor the seller provides any guarantee in relation to the nature of the property, or to any errors or omissions in the catalogue or supplemental material apart from the Limited Warranty stated below. Condition reports are offered as a courtesy and are typically published in Moran's catalogue or can be made available upon request. The absence of a condition report does not imply than an item is free from defects or restoration, nor does a reference to particular defects imply the absence of others.

AT THE AUCTION
(a) Admission: The auction is open to the public, though Moran's reserves the right to refuse admission or participation to anyone at any time. The auctioneer may be recorded (visually, aurally or otherwise) and all participants consent to such recording.
(b) Buyer Registration: Prospective buyers must register with Moran's before bidding. Moran's may require identification and financial references in advance of buyer eligibility. Registered bidders accept personal liability to pay the purchase price, including the buyer's premium plus all applicable charges, unless Moran's agrees in advance that the bidder is acting as agent on behalf of an identified third party acceptable to Moran's. In such case, Moran's will look to the third party for payment.
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(d) Absentee, Telephone and Internet Bidding: Moran's offers absentee, telephone and internet bidding as a convenience to clients and does not accept liability for errors or failures to execute such bids. Absentee and telephone bids must be recognized by Moran's prior to auction day. When identical absentee bids are submitted that become the highest bids at the auction, the bid first received by Moran's shall be accepted as the winning bid. Telephone bidders are encouraged to leave minimum bids in case of technical failure.
(e) Reserves: Unless indicated otherwise, lots may be offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve for any lot shall not exceed its published estimate. Moran's shall act to protect the reserve by bidding through the auctioneer, who may open bidding on any lot below the reserve by placing a bid on the seller's behalf. The auctioneer may continue to bid on behalf of the seller up to the reserve amount, either by placing consecutive bids or by placing bids in response to other bidders. Lots without reserves are typically opened for bidding at 50% of their low estimate. In the absence of a bid at that level, the auctioneer may proceed backward at his discretion or deem the lot unsold if a bid is not recognized.

AFTER THE AUCTION
(a) Payment and Title Transfer: The buyer agrees to pay the sum of the hammer price plus Buyer's Premium, plus any applicable sales tax. Buyer's Premium is calculated as follows: 25% on the first $500,000 of the hammer price, plus 18% on any amount between $500,001 - $1,000,000, and 15% on any amount above $1,000,000 when paying by cash, check or wire transfer. Successful bidders using Live Auctioneers platform will be charged a Buyer's Premium of: 28% on the first $500,000 of the hammer price, plus 21% on any amount between $500,001 - $1,000,000, and 18% on any amount above $1,000,000 when paying by cash, check or wire transfer.

Credit card payments will be subject to an additional 3.5% buyer's premium. Buyers outside the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside the United States. Buyers are strongly encouraged to provide full payment at the auction. Payment must be received by Moran's within five business days immediately following the auction. The buyer shall not acquire title or take possession of the lot until all amounts (including the hammer price, premium and applicable taxes) due to Moran's have been paid in full.

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(c) Storage: Following the auction, uncollected lots shall be relocated to and stored in Moran's warehouse. Moran's shall retain possession of all purchases until full payment has been received from the buyer. Lots remaining uncollected after the fifth business day following the sale, regardless of payment status, are subject to a per-lot daily storage charge of $10.00. In addition to other remedies available by law, Moran's reserves the right to impose upon delinquent buyers a separate 1% monthly charge (of the purchase price, or the maximum permitted by law) commencing on the sixth business day after the sale date.
(d) Shipping: Buyers are responsible for arranging their own shipping estimates and deliveries. Moran's in our discretion and as a courtesy to buyers, can arrange to have purchased lots packed, insured and forwarded by a third-party shipper at the request, expense and risk of the buyer. Moran's assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, even if recommended by Moran's. Nor does Moran's assume any responsibility for any damage to picture frames or to the glass therein. In circumstances where Moran's arranges for such third-party services, Moran's may apply an administration charge of 15% of that service fee.
(e) All Sales Final: Notwithstanding other terms mentioned herein, refunds shall be given at Moran's sole discretion. Refunds requested on the grounds of authenticity must be made within 10 days of the auction and accompanied by a supporting written statement from a recognized authority (defined as a person who has authored, edited, or substantially contributed to a monograph on the artist, a person who has curated, organized or substantially contributed to a solo exhibition on the artist, a person who has represented the artist's estate or someone who represented or worked closely with the artist while they were alive and, in any of the above instances physically handled works of the period, medium and subject matter in question during the course of their duties) stating that the object sold is incorrect or not the work of the artist. Dealers, appraisers and representatives of other auction firms do not qualify as authenticators of individual artists unless they have had such specific involvement with that artist's work, as specified above, in addition to their daily duties. Refunded lots must be returned to Moran's in the same condition as when sold. Moran's does not grant extensions to refund considerations based upon authenticity due to shipping delays. There are no exceptions to this refund policy.

LIABILITY AND LIMITED WARRANTY
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(b) Limited Warranty: All property is sold as-is. Neither Moran's nor the consignor or our associates make any representation, express or implied warranty (including merchantability and fitness) or guarantee in condition, age, size, provenance, medium, signature, inscription, exhibition history, importance, rarity, country of origin, genuineness, historical relevance, monetary or other value, framing or lack thereof, mounting, conservation, coloring, palette, inscription, edition, style, label or other descriptor. No statement in the catalogue, brochures, website, bill of sale or invoice, any supplementary material, or statements by any Moran's employee shall be deemed such a warranty or representation or an assumption of liability.
(c) Descriptions: No warranty, whether express or implied, is made with respect to any description contained in this auction or any second opinion. Any description of the items or second opinion is for the courtesy of identifying the items for those Bidders who do not have the opportunity to view the lots in person, and no description of items has been made part of the basis of the transaction or has created any express warranty that the goods would conform to any description made by the Auctioneer. Color variations can be expected in any electronic or printed imaging and are not grounds for the return of any lot.
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ADDITIONAL MATTERS
(a) Copyright: The copyright on all images, illustrations and written material produced by or for Moran's for this auction is and shall remain at all times the property of Moran's. Moran's and the seller make no representation or warranty that the buyer will acquire any copyright or reproduction rights to a purchased lot.
(b) Buyer's Breach of Conditions: If a buyer fails to comply with any of these conditions, Moran's may, in addition to asserting all remedies available by law, including the right to hold that buyer liable for the purchase price, (i) cancel the sale, retaining as liquidated damages any payment made by the buyer, (ii) resell the property without reserve at public auction or privately upon notice to the buyer, or (iii) take such other action as we deem necessary or appropriate. If Moran's resells the property, the original defaulting buyer shall be liable for the payment of any deficiency between the original sale price and any subsequent mitigation sale, including warehousing, the expenses of both sales, reasonable attorney's fees, commissions, incidental damages and all other charges due hereunder. In the event that such buyer pays a portion of the purchase price for any property, Moran's shall apply the payment received to such property that Moran's in our sole discretion, deems appropriate. Moran's shall have the benefit of all rights of a secured party under the Uniform Commercial Code adopted in the State of California.
(c) Severability: Should any of these conditions be deemed unenforceable, invalid or illegal in any court having jurisdiction, that part shall be discounted and shall have no effect on the enforceability of the remaining provisions contained herein, which shall remain valid to the fullest extent permitted by law.
(d) Jurisdiction: The rights and obligations of the parties with respect to these conditions and the conduct of the auction shall be governed and interpreted by the laws of the State of California. By bidding, whether in person or by agent, by absentee bid, telephone, internet or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the courts of the state of California or, if applicable, the federal courts sitting in this state. Further, the buyer agrees that the venue for any action arising out of the failure to abide by these conditions, or any conduct related to or arising out of the auction, shall be the Los Angeles Superior Court, North East Branch located at 600 Olive Street, Burbank, California.

CREDIT CARDS, CONTINUED

Buyers outside the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside the United States.

TAXES

Applicable state sales tax applies unless a valid resale license is provided.

CONTRACT

Except as otherwise stated, John Moran Auctioneers (Moran's) acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.

SALE CONDITIONS

Payment and Title Transfer: The buyer agrees to pay the sum of the hammer price plus Buyer's Premium, plus any applicable sales tax. Buyer's Premium is calculated as follows: 25% on the first $500,000 of the hammer price, plus 18% on any amount between $500,001 - $1,000,000, and 15% on any amount above $1,000,000 when paying by cash, check or wire transfer. Successful bidders using Live Auctioneers platform will be charged a Buyer's Premium of: 30% on the first $500,000 of the hammer price, plus 23% on any amount between $500,001 - $1,000,000, and 20% on any amount above $1,000,000 when paying by cash, check or wire transfer.

Credit card payments will be subject to an additional 3.5% acceptance fee. This fee is not more than the cost of accepting these cards. Buyers outside the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside the United States. Buyers are strongly encouraged to provide full payment at the auction. Payment must be received by Moran's within five business days immediately following the auction. The buyer shall not acquire title or take possession of the lot until all amounts (including the hammer price, premium and applicable taxes) due to Moran's have been paid in full.

SHIPPING

Buyers are responsible for arranging their own shipping estimates and deliveries. Moran's in our discretion and as a courtesy to buyers, can arrange to have purchased lots packed, insured and forwarded by a third-party shipper at the request, expense and risk of the buyer. Moran's assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, even if recommended by Moran's. Nor does Moran's assume any responsibility for any damage to picture frames or to the glass therein. In circumstances where Moran's arranges for such third-party services, Moran's may apply an administration charge of 15% of that service fee.

BUYERS PREMIUM

The buyer agrees to pay the sum of the hammer price plus Buyer's Premium, plus any applicable sales tax. Buyer's Premium is calculated as follows: 25% on the first $500,000 of the hammer price, plus 18% on any amount between $500,001 - $1,000,000, and 15% on any amount above $1,000,000 when paying by cash, check or wire transfer. Successful bidders using Live Auctioneers platform will be charged a Buyer's Premium of: 30% on the first $500,000 of the hammer price, plus 23% on any amount between $500,001 - $1,000,000, and 20% on any amount above $1,000,000 when paying by cash, check or wire transfer.

CONDITION

Buyers are responsible for determining to their own satisfaction the true nature and condition of any lot prior to bidding. Though buyers are not legally required to inspect lots prior to purchase, failure to do so may constitute a waiver of complaint that an item was not delivered in a condition equal to the existent condition at the auction.

All property is sold as is. Neither Moran's nor the consignor or our associates make any representation, express or implied warranty (including merchantability and fitness) or guarantee in condition, age, size, provenance, medium, signature, inscription, exhibition history, importance, rarity, country of origin, genuineness, historical relevance, monetary or other value, framing or lack thereof, mounting, conservation, coloring, palette, inscription, edition, style, label or other descriptor. No statement in the catalogue, brochures, website, bill of sale or invoice, any supplementary material, or statements by any Moran's employee shall be deemed such a warranty or representation or an assumption of liability.