18th May, 2019 9:30

Mercedes-Benz World 18th May 2019 Sale
 
  Lot 165
 
Lot 165 - 1959 Le Mans’ Lotus

1959 Le Mans’ Lotus

Sold £56,000


Lot details

Year: 1959
Make: Le Mans’ Lotus
Model: Elite 'Ex-Dickie Stoop’
Registration: OKX 84D
Chassis No: 1037
Engine No: tbc
Mileage: 29256
•: EX DICKIE STOOP
•: CAR NUMBER 58 - 1959 LE MANS ENTERED ELITE
•: VERIFIED BY THE HISTORIC LOTUS REGISTER INCORPORATING CLUB ELITE

Every once in a while a special motor car makes an appearance, quite out of the blue, very much under the radar. And with that, it gives us much pleasure to offer this 1959 Lotus Elite that was to race at Le Sarthe that same year. Most Le Mans motor cars are well known and accounted for but this particular entrant has an interesting history, both with its Le Mans sojourn and for its characterful racing driver and owner. Dickie Stoop: Flight Lieutenant James Richard Stoop (Dickie as he was always known) joined the Royal Air Force during the Second World War and was flying Spitfires with 610 Squadron out of RAF Westhampnett (today, part of the Goodwood estate) along with his friend, Squadron Leader Tony Gaze. Douglas Bader also served at RAF Westhampnett prior to Dickie being posted there, however, it is worthy to note that Bader spent much time at the Stoop family residence whilst he was recuperating from the loss of his legs, suffered in an air accident during December 1931. Dickie Stoop and Tony Gaze were often seen tearing their MGs around the tarmac perimeter track of Westhampnett, perhaps these japes led to Dickie becoming an accomplished post-war racing driver? His first race was at Silverstone in 1948 and over the next 20 years he campaigned many types of car, but remained faithful for most of his racing career to Frazer-Nash. He later transferred his loyalties to Porsche and owned successive Type 356 Carreras, registered U 4 and 5 HOT, bringing him a number of wins; having been co-victor in the 1959 Autosport Championship with the Sebring Frazer-Nash, he won the Autosport three hours at Snetterton the following year in U 4 after a tremendous battle with Chris Summers’ Elite, won his class in 1961, and then won the two-litre division of the championship in 1962 and 1963. He also had a few races with an RS60 Porsche Spyder, and in 1964 drove a 904. He competed at Le Mans no fewer than ten times. In 1950 he was ninth overall and won the two-litre class, in 1951 he was 19th and subsequently, in 1955, he was tenth. In 1958 he drove the works space frame AC into 8th place, again winning his class. He also took part in long-distance racing at Spa, Rouen, Montlhéry and elsewhere, and in 1964 was third overall in the Rand three hours co-driving Peter Sutcliffe’s Jaguar E-type. Perhaps somewhat fittingly this larger than life character passed away whilst at the wheel during a club race at Croft in May 1968 having suffered a heart attack. Lotus Elites & the 1959 Le Mans: With the Elite, Colin Chapman had built a genuine race car for the road and he knew it. He understood that if the car did well at race meetings in pretty much standard form, it would go on and sell well. It is little wonder then that the first page of the Elite factory records is a who’s who of the racing fraternity at the time. In 1959, Lotus were under pressure with orders for road and racing cars and as much as Colin Chapman wanted to, he did not have the resources to enter a ‘works’ Elite team for Le Mans that year; their efforts going into the three Lotus Fifteens entered the same year. It was left to the privateers in the Frost car number 41 driven by Peter Lumsden and Peter Riley, car number 42, entered by Border Reivers and driven by Jim Clark and John Whitmore and car number 38, Equip Los Amigos, driven by the French pairing of Jean-Claude Vidilles and Jean Francois Malle; and all running in the 1101cc to 1500cc GT class. The Elites were up against the three new Porsche RSKs and an older RS. Not many gave Lotus a chance against them, however, with the Elites applying constant pressure, the German cars, one by one, broke. Clark and Whitmore, although putting in constant fast laps were hampered by mechanical problems resulting with them having to pit with unscheduled stops but eventually finishing and achieving a credible tenth overall. The French Elite of Vidilles and Malle were out on the 105th lap having suffered an exhaust problem that led to the car completely burning out. It was the pair of Lumsden and Riley that went on to finish first in class and a fabulous eighth overall. But perhaps what is less known was a fourth Lotus Elite was due to run in the 1959 24-hour endurance race……. Lotus Elite chassis number 1037: As recorded within the Lotus production records, Dickie Stoop purchased the Lotus Elite, chassis number 1037 on the 10th June 1959, just eleven days before Le Mans that year and entered it with British drivers Douglas Graham and Mike McKee. Dickie registered the Elite with one of his other private number plates, OU 4 and at Le Mans, was scrutineered, practiced but unfortunately, suffered a road accident and that led to it being withdrawn from the race and recorded, within the official Le Mans records, as DNS (did not start). An extract from Autosport, June 26th 1959, reported, 'The Dick Stoop Lotus Elite, was wrecked in an accident returning from the circuit, Jack Britt the mechanic being injured'. A further examination of the Lotus factory records show that on the 30th November 1959 Dickie Stoop acquired a replacement CBU (chassis/body unit) to repair 1037. Dickie’s friend and fellow Porsche 904 GTS racer Patrick Guy Godfrey acquired 1037 from him and road registered it on 29th March 1966 as OKX 84D; Patricks details are shown in the green buff log that accompany 1037. The cars original colour was dark blue. During 1970, the car was painted red and subsequently, in 1973 violet. Not a great deal is known as to what happened to the Elite from then, however, in 2007,chassis 1037 surfaced as a complete car but as a non-runner. The new owner, a very good friend of the vendor’s late fathers, unfortunately passed away in May of 2018. Prior to his passing, the car was completely stripped and a lot of restoration work was carried out. Chassis 1037 today: As far as may be accessed, it is believed that 1037 is in a complete but stripped state and ready to be completed by a new owner. There is, what appears to be, a rebuilt FWE Coventry Climax engine (not the original unit we might add) with the car. The gearbox is the correct MG unit, again looking fresh and ready to be put in and all the suspension and brakes are in clean restored condition. There is also a pair of fully rebuilt SU carburettors. Most of the paint has been stripped from the coachwork, an arduous task and, we are informed, appears in excellent and undamaged order. Everything else, including all the small components, have been boxed and labelled correctly. The car comes with a buff log book and copies of the factory records. The car is featured in several books whereby it is photographed alongside cars 41 and 42, with Jim Clark and John Whitmore, during practice at the 1959 Le Mans and parked at the Le Mans circuit. With its history and provenance, this Lotus Elite is a rare opportunity to acquire a genuine period Le Mans entrant and will surely be invited to the most premiere events including, of course, the Le Mans Classic.
 
Buyers Terms and Conditions


Interested parties should satisfy themselves as to the description and condition of each Lot prior to the sale. Accordingly, buyers are on notice that each vehicle is offered ‘as is/as seen’ subject to the Terms and Conditions for the auction. All registration numbers, engine and chassis details are sourced from registration documents provided to Historics by the client or representative or HPI checks and buyers are to satisfy themselves as to the accuracy of these details. Buyers are advised to inspect the vehicle in person or use a professional to carry out this service. Historics will not entertain disputes over descriptions.

1.Definitions

In these Terms and Conditions the following definitions shall apply:

"Auctioneer" Historics Classic and Sportscar Auctions Limited (Company No. 06997410) with a registered address at Main Building, Thorney Business Park, Thorney Lane North, Iver, Bucks SL0 9SH and where appropriate its officers, employees and agents;

"Bid" an offer to purchase a Lot at a price given by the Auctioneer;

"Buyer's Commission" a commission payable by You (in addition to the Purchase Price) as a condition of Your purchase of a Lot and calculated in the manner described at Clauses 10 and 11;

"Catalogue" the list of Lots that the Auctioneer publishes in advance of a Sale;

"Lot" an item or items consigned to, and advertised by, the Auctioneer with a view to its/their inclusion within a Sale and identified within a Catalogue by a Lot number;

"Purchase Price" the amount of the highest Bid on a Lot at the moment When the Hammer Falls plus VAT on the commission;

"Resale Rights" the statutory right of any third party to receive a payment on a disposal of a Lot (or any part of it) including, but not limited to, those set out in the Artists Resale Right Regulations 2006;

"Reserve" the minimum price at which a Lot may be sold as stipulated by the Seller and whether communicated to You before, during or after the Sale;

"Sale" the auction sale at which a Lot is to be made available for sale through the Auctioneer;

"Seller" the person who offers the Lot for sale as identified in the Catalogue;

"When the Hammer Falls" the moment that a Lot it is knocked down to You which occurs upon the fall of the Auctioneer's hammer following your highest Bid when no higher Bid has been made for the Lot; and

"You" the person making Bids;

2.The Contract of Sale

The Seller invites you to offer to purchase the Lot as the principal to a contract for the sale of the Lot by making Bids for the Lot, such contract, if concluded, being made between the Seller and You.

The Auctioneer acts in the capacity as a facilitator and not as the Seller's agent or as an additional principal and the Auctioneer shall have no liability to You in respect of the Lot, its sale or the contract for the sale of the Lot.

The Auctioneer reserves the right, without giving any reasons, to withdraw any Lot from the Sale or to cancel any auction in respect of a Lot at any time prior to the moment When the Hammer Falls.

The Auctioneer reserves the right, without giving any reasons, to refuse to allow You to attend a Sale, to refuse You permission to make Bids or to ignore Your Bids at any time prior to the moment When the Hammer Falls.
A binding contract between You and the Seller under which Your offer to purchase the Lot for a consideration equal to Your highest Bid plus commission (plus VAT on that amount) is made When the Hammer Falls at which point, subject to Clause 3 below (reserves), the Seller accepts Your offer to purchase the Lot.

You cannot reduce or cancel a Bid once it has been made and the Auctioneer's decision as to whether or not a Bid has been validly made shall be determinative.

3.Reserves

Where the Lot is subject to a Reserve, and notwithstanding that the Lot may have been knocked down to You upon the fall of the Auctioneer's hammer following your highest Bid, the Seller's acceptance of your offer to purchase the Lot at Your highest Bid is conditional on Your highest Bid being equal to or higher than the Reserve. The Auctioneer may at its sole discretion sell the Lot for less than the Reserve but will account to the Seller as if the Lot had been sold at the Reserve.

4.Variations

In all cases any additional or alternative terms and conditions:

(a)printed in the relevant Catalogue;

(b)set out in any written contracts for sale provided to You by the Auctioneer; or

(c)notified by oral announcements made at any time by the Auctioneer before the moment When the Hammer Falls

shall take precedence over the terms and conditions shown below and if You place any Bid You shall deemed to be making an offer upon these terms and conditions as varied by any of the additions/variations referred to at (a) to (c) above.

5.Seller's Undertakings

The Seller undertakes to You that:

(a)the Seller is the owner of the Lot or is duly authorised as an agent (whether such agency is disclosed or not) for a principal who is the owner to sell the Lot (and where the Seller acts as an agent for the owner of the Lot the Seller as agent and the principal shall be jointly and severally liable as such to sell the Lot); and

(b)save as may be disclosed in the Catalogue, the Seller sells the Lot with full title guarantee free from all liens, charges, encumbrances and third party claims or, where the seller is the executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may have in the Lot.

6.Your Undertaking

You undertake to the Seller and the Auctioneer that You are placing Bids in order to purchase and own a Lot Yourself and You are not making Bids as an agent for a principal. You accept that When the Hammer Falls You cannot avoid being personally liable to complete the purchase of the Lot by claiming that you are acting as the agent of a third party principal.

7.The Description of the Lot

The Lot is not sold as corresponding with any description in the Catalogue or any statement or representation made in writing by, or on behalf of, the Auctioneer.
Interested parties should satisfy themselves as to the description and condition of each Lot prior to the sale. Accordingly, buyers are on notice that each vehicle is offered ‘as is/as seen’ subject to the Terms and Conditions for the auction. All registration numbers, engine and chassis details are sourced from registration documents provided to Historics by the client or representative or HPI checks and buyers are to satisfy themselves as to the accuracy of these details. Buyers are advised to inspect the vehicle in person or use a professional to carry out this service. Historics will not entertain disputes over descriptions.

8.Exclusions and Limitations of Liability

Without limiting the provisions of Clause 7 above neither the Seller nor the Auctioneer makes or gives any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact, or shall be deemed to have any duty of care, in relation to any description of the Lot or any fact or statistic applied or made in relation to it. In particular, neither the Seller not the Auctioneer shall have any liability (whether implied by the Sale of Goods Act 1979 or otherwise) in respect of the Lot's quality, manufacturer, value, model description, date of creation, provenance, prior owners, component parts, manufacture, service history, road/air/seaworthiness, safety, heritage, any remedial work carried out on it, its compliance with any relevant laws or regulations, its fitness for any purpose or its conformity with any description.

Without limiting the provisions of Clauses 7 and 8 above to the fullest extent permitted by law neither the Seller nor the Auctioneer nor any associated company shall be liable to You for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with these Terms and Conditions, the sale or supply of any Lots or their use or resale by You.

Without limiting the provisions of Clauses 7 and 8 above the Seller's and the Auctioneer's liability to You for any claim arising in relation to the Sale will be limited to the payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot.

Notwithstanding the above, nothing in these terms and conditions excludes or limits either the Seller's or the Auctioneer's liability in respect of their fraudulent misrepresentation or any death or personal injury arising out of their negligence or any other liability to the extent the same may not be excluded or restricted as a matter of law.

9.Risk, Property And Title

Subject to Clause 3 above (reserves) risk in the Lot passes to You When the Hammer Falls. The Seller and the Auctioneer will not be responsible thereafter for the Lot prior to you collecting it from the Auctioneer, and You must make Your own arrangements to ensure the safekeeping of the Lot.

Subject to Clause 3 above (reserves) You hereby indemnify the Seller and the Auctioneer and keep them fully indemnified from and against all claims, proceedings, costs, expenses and losses arising in respect of any injury, loss and damage caused to or by the Lot after the moment When the Hammer Falls until the moment title to the Lot passes to you in the manner described below.

Title to the Lot remains in and is retained by the Seller until all of the following have occurred:

(a)the Purchase Price, the Buyer's Commission and all other sums payable by you to the Auctioneer and the Seller in relation to the Lot have been paid in full to, and received in cleared funds by, The Auctioneer; and

(b)You have collected the Lot in accordance with Clause 13 below.

you accept that it is Your responsibility to procure and complete any and all paperwork to perfect Your title to any Lot and to record your interest in, and responsibility for, the Lot with any relevant authority.

10.Buyer's Commission

It is a condition of the contract for the sale of the Lot to You that You pay to the Auctioneer the Buyer's Commission which is a sum equal to 12% of the Purchase Price [plus VAT] (20% for automobilia) and which represents part of the consideration due to the Auctioneer for the Auctioneer's facilitation of the sale of the Lot.

In the event that the sale of the Lot to You is not completed because of any breach by You of these Terms and Conditions You undertake to compensate the Auctioneer in full in respect of the Buyer's Commission that would have been payable along with any other commission that would have been due to the Auctioneer from the Seller if the sale of the Lot had been completed [plus VAT where applicable]. Buyers using some bidding platforms may be subject to an additional commission.

In the event that You attend at a Sale, the Lot is not sold (or does not meet its Reserve) but during or within [3 months] after the Sale You enter into a commitment with the Seller or any related company to acquire any interest in the Lot (or any part of it) You also undertake to simultaneously pay the Auctioneer 12% of the total price payable to the Seller or any related company for the interest in the Lot [plus VAT].

11. Unsold Lots and Resale Rights
Where a Lot does not sell at the Sale for whatever reason then the Auctioneer has the sole and exclusive right to sell the Lot to You by private treaty for a period of 21 days from the date of the Sale. You agree that if You purchase the Lot during that 21-day period then these Terms and Conditions govern any such sale. For the avoidance of doubt Your purchase of the Lot will be the same as the moment When the Hammer Falls.

You agree that in the event that the sale of any Lot is subject to a Resale Right it will, as between You, the Auctioneer and the Seller, be Your responsibility to establish whether or not the Resale Right applies, to establish to whom any payments must be paid, to establish what payments or royalties might be due under it and to make any such payment in full and you hereby indemnify the Auctioneer and the Seller against any failure on Your part to do so.

Notwithstanding what is said above in the event that the sale of any Lot is subject to a Resale Right the Auctioneer shall have the right, but not the obligation, to increase the Buyer's Commission by an amount equivalent to the amount due from the Seller, the Auctioneer and/or You in respect of the Resale Right and to make the Resale Right payment itself. In the event that the Auctioneer exercises that right it shall notify You in advance and it shall also be entitled to further increase the Buyer's Commission in order to recover all costs and expenses (including interest and legal costs) incurred by it and relating to the Resale Right payment.

12.Payment

Subject to Clause 3 above (reserves) Your obligation to pay the Purchase Price and the Buyer's Commission arises When the Hammer Falls.

Time will be of the essence in relation to payment of all sums under these Terms and Conditions and unless the Auctioneer agrees in writing to the contrary all such sums must be paid to The Auctioneer by You in pounds sterling in the manner required by the Auctioneer [within 1 day of [on the day of the Sale] after the moment When the Hammer Falls].

If You do not pay any sums due strictly in accordance with this Clause 12, the Seller (subject always to the prior written agreement of the Auctioneer) and the Auctioneer will have the right, without further notice to You, to exercise one or more of the following rights:

(a)to terminate (without damages or penalties arising on the part of the Auctioneer or the Seller) immediately the contract for Your purchase of the Lot for Your breach of contract;

(b)to immediately re-advertise or sell the Lot by auction, private treaty or any other means;

(c)to retain possession of the Lot;

(d)to remove and store the Lot at alternative premises at Your expense;

(e)to take legal proceedings against You for any sum due and/or damages for breach of contract;

(f)to increase Your liability to include interest on any outstanding sums due from the date when such payment was due until the date of actual payment at a rate per annum determined under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (or any higher rate implemented under any legislation that replaces or repeals that section) and notwithstanding that You may not be acting in the course of a business, plus any reasonable and identifiable costs including legal fees incurred in recovering these sums;

(g)to retain possession of any other property sold to You by the Seller at the Sale or by any third party an any other auction or by private treaty until all sums due under the contract for Your purchase of the Lot shall have been paid in full in cleared funds;

(h)to retain possession of, and to sell any of Your other property in the possession of the Seller and/or of The Auctioneer (as bailee for the Seller) for any purpose (including, without limitation, other goods sold to You) and to apply any monies due to You as a result of such sale in satisfaction or part satisfaction of any amounts owed to the Seller or to The Auctioneer; and

(i)so long as such goods remain in the possession of the Seller or The Auctioneer as its bailee, to rescind the contract for the sale of any other goods sold to You by the Seller at the Sale or by any third party an any other auction or by private treaty and apply any monies received from You in respect of such goods in part or full satisfaction of any amounts owed to the Seller or to The Auctioneer by You.

You agree to indemnify the Seller and the Auctioneer against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to the Seller or the Auctioneer in order to obtain the release of the Lot) incurred by the Seller or the Auctioneer (whether or not court proceedings will have been issued) as a result of the Seller or the Auctioneer taking steps under this Clause 12 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified above from the date upon which the Seller and/or the Auctioneer become liable to pay the same until payment by You.

Finance may be available subject to status and indemnities may be required. If You are purchasing a vehicle using finance, please satisfy Yourself that finance has been formally arranged before bidding. You will be liable for payment of the Lot regardless of whether You are able to obtain finance.

13.Collection of the Lot

Unless otherwise agreed in writing by the Auctioneer, the Lot will be released to You only when the Auctioneer has received cleared funds to the amount of all sums owed by You to the Seller and to the Auctioneer.

You will collect and remove the Lot at your own expense from the Auctioneer's (or the Seller's) custody and/or control in accordance with the Auctioneer's instructions or requirements.

You will be wholly responsible for packing, handling, insurance and transport of the Lot on collection and for complying with all import or export regulations in connection with the Lot.

You will be wholly responsible for any removal, insurance, storage or other charges or expenses incurred by the Auctioneer or the Seller if you do not remove the Lot in accordance with this Clause 13 and will indemnify the Auctioneer and the Seller against all charges, costs, including any legal costs and fees, expenses and losses suffered by the Auctioneer and the Seller by reason of your failure to remove the Lot including any charges due from any third party storage provider. All such sums due will be payable on demand.
Buyers should note that any vehicle purchased using finance options will need to be collected from EM Rogers' Northampton depot, which will incur transport and storage charges. These transport and storage charges are to be settled by You, the Buyer in order for collection to take place.

14.Data Protection

You agree to allow Historics use your personal information in accordance with Historics privacy policy. All information provided by You to the Auctioneer will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction provided that the Auctioneer reserves the right to pass on information where this is required by legislation, government authorities or the courts.

The Auctioneer shall also have the right to use any personal information obtained from you to notify you of auctions and other events and products of a related nature made available by the Auctioneer or by carefully chosen third parties and the Auctioneer also reserves the right to use the information in an anonymous form, for example in connection with marketing, user surveys and statistical analysis.

 

15.General

You may not assign either the benefit or burden of the contract for Your purchase of the Lot.

The Seller's or the Auctioneer's failure or delay in enforcing or exercising any power or right under these Terms and Conditions will not operate or be deemed to operate as a waiver of their rights except to the extent of any express waiver given to you in writing. Any such waiver will not affect the Seller's or the Auctioneer's ability subsequently to enforce any right arising under these Terms and Conditions.

Neither the Seller nor the Auctioneer shall be liable for delay in performing or for failure to perform their obligations under these Terms and Conditions if they are prevented from, or delayed in, carrying on their business by acts, events, omissions or accidents beyond their reasonable control.

If any term or any part of any term of these Terms and Conditions is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.

No person who is not a party to these Terms And Conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999 but, for the avoidance of doubt, the Auctioneer shall be entitled to enforce any term of these Terms and Conditions that confer a benefit on it.

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

At the election of the Auctioneer the Seller and You accept that any dispute arising out of or in connection with these Terms and Conditions (including any dispute arising out of the contract for Your purchase of the Lot) may (if the Auctioneer so decides) be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more UK based arbitrators appointed to preside over an arbitration that takes place in London in accordance with the said Rules.



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Interested parties should satisfy themselves as to the description and condition of each Lot prior to the sale. Accordingly, buyers are on notice that each vehicle is offered ‘as is/as seen’ subject to the Terms and Conditions for the auction. All registration numbers, engine and chassis details are sourced from registration documents provided to Historics by the client or representative or HPI checks and buyers are to satisfy themselves as to the accuracy of these details. Buyers are advised to inspect the vehicle in person or use a professional to carry out this service. Historics will not entertain disputes over descriptions.

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