Amy Koler and Stephen Meyer sued American Fine Art Editions, managed by Phillip Koss and another employee, Jeff Dippold, for selling a Warhol they were keeping with the gallery in exchange for the gallery being able to display it:
In 2009, Koler and Meyer decided to move to St. Petersburg, Fla. and to keep much of their artwork in a home in Arizona, but sought to store the “Red Shoes” piece.
Koss – American Fine Art’s gallery manager – and gallery employee Dippold “suggested that plaintiffs keep the Red Shoes piece at AFAE’s gallery and an arrangement by which AFAE would agree to store and insure the piece through AFAE’s business insurance in return for plaintiffs’ agreement that AFAE could display the piece and use it to help market sales of other similar works. The defendants knew from their discussions with plaintiffs that plaintiffs intended to keep ownership of the piece and not to sell it,” according to the complaint.
Koler and Meyer say they spoke with Dippold a number of times over the years, and he failed to mention any plans to sell the piece, and they repeatedly told him they were not interested in selling it.
They travelled to the gallery in Scottsdale this year, and found that the defendants had sold the Warhol.
“Defendant Dippold claimed that the defendants sold the ‘Red Shoes’ piece ‘months ago,’ and asked, ‘didn’t Phil call you?'” the complaint states. […]
Dippold offered to pay $65,000 – the amount the plaintiffs paid for the piece, but its value today is far higher, Koler and Meyer say.
What Happened to My Warhol? (Courthouse News Service)