Whistler v. Eden
Paris Court of Appeal, First Chamber, before Monsieur le Premier President
Dec. 1897
- Written by Solveig Singleton, JD
Facts
Sir William Eden (defendant) asked artist James Whistler (plaintiff) to paint a portrait of his wife, Lady Eden. Whistler told Lord Eden that the price for a full portrait was over 500 guineas. Lord Eden asked Whistler to paint a head portrait instead and was told the price was 100–150 guineas. Lady Eden sat for the painting. Whistler painted a full portrait instead. The painting was almost but not fully complete when Eden visited Whistler’s studio in February 1894. When Eden left the studio, he left Whistler a check for 100 guineas, which annoyed Whistler. Whistler included the painting in an exhibition under the title Brown and Gold: Portrait of Lady E. Lord Eden demanded possession of the painting. Whistler refused, saying that he was not yet finished with the portrait. Lord Eden sued for possession of the painting in Paris, whereupon Whistler painted out Lady Eden’s face. The trial court declared that Lord Eden had become the painting’s owner as soon as Lord Eden and Whistler had agreed that the painting was to be made and for what price. The court ordered Whistler to return the money Lord Eden had paid, to deliver the portrait to Lord Eden, and to pay damages. On appeal, Whistler argued that he should not have to surrender the painting because it was unfinished and because it was no longer a portrait of Lord Eden’s wife.
Rule of Law
Issue
Holding and Reasoning ()
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