At the glamorous Met Gala in May 2023, Christopher Hall, a New York business mogul and
fixture in the New York art and fashion scene, told pop star Billie Eilish that a recently
discovered painting by Andy Warhol could be purchased for just $10 million. Between sips of
Veuve, Hall assured Eilish that she could sell it at Schindler Auctions at the end of the month for
$60 million. Having won countless awards and lucrative endorsement deals, Eilish is flush with
cash and indicates she will purchase the work as long as Hall procures an expert opinion
confirming the work’s value.
Jonathan Miller is a Warhol expert. Ten days after the Met Gala, Miller writes the following
letter to Hall’s friend, Henry Frick:
May 17, 2023
Dear Henry,
You have asked my opinion about the painting “Bananas,” the recently discovered work
by Andy Warhol. It was painted by the artist in 1987, right before his death. In my view,
the painting could easily fetch $60 million at auction. Please feel free to call on me
should you have any other questions.
Sincerely,
Jonathan Miller
Miller has an ownership interest in the Warhol painting, a fact that is not disclosed in his letter.
The May 17 letter was given by Henry to his friend Christopher Hall who in turn delivered it to
Eilish on May 23rd. The day after receiving the letter, Eilish purchased the painting for $10
million and posted a photo of her newest acquisition on her Instagram.
After showing off the work on social media, Eilish consigned the work to Schindler Auctions to
put in the May Contemporary Art auction with a low estimate of $60 million, a high estimate of
$80 million, and a reserve of $50 million. After much pre-auction publicity, the work was bought
in (went unsold).
QUESTION: On June 30, 2023, Eilish sues Miller. Analyze all available claims that might be
brought against Miller and any defenses Miller might raise.