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Posted By: davidcycleback

Assuming there are no other identity/grade/valuation issues, if Sotheby's sells a tintype they say is of Creighton and is of Creighton, you're going to have a darn hard time convincing a judge Sotheby's defrauded you. If, as you say, the tintype never was and isn't of Creighton and Sotheby's knew this, then you'd have a case for fraud. There is such a thing as attempted fraud where no financial harm was done. Akin to a robber stealing what he thought was a bag of diamonds but turned out to be gravel. Even though the robber only stole 10 cents worth of gravel-- financially the same as taking two nickels from a tip jar-- he can still be in big legal trouble.