Ketcham v. Franklyn Gesner Fine Paintings, Inc.

Birdsong, Chief Judge.

Fraud in Sale of Painting — Damages. As relevant to the resolution of the issues involved in this case, the facts show that prior to September 11, 1980, one Jerry Melton, who lived in Atlanta, phoned Ketcham and offered Ketcham an oil painting ostensibly painted by Martin Johnson Heade, an esteemed American painter of the 19th century. Ketcham asked Melton to bring the painting to Ketcham’s studio (sales premises). Ketcham determined from conversation with Melton that Melton had lent a brother in North Carolina a sum of money (apparently $5,000). This brother had died…