The documents fall into a quirk of copyright law. While the text may not be published without the permission of the Hemingway estate, the letter and typescript may be sold as artifacts, according to Patrick McGrath, a books and manuscripts specialist at Christie’s in New York.
Mr. McGrath said the auction house had authenticated the letter as written in Hemingway’s hand. The five-page carbon copy of the story has also been authenticated, he added, because of its provenance and because the words “The End” were in Hemingway’s handwriting.
It is not clear why permission to publish the documents was withheld. According to Mr. Stewart, the Ernest Hemingway Foundation granted him permission to publish the story and the letter in return for $500. The foundation, representing scholars and enthusiasts, is a legal entity endowed with some rights over unpublished Hemingway material, said Prof. Gerald Kennedy, its vice president and an English professor at Louisiana State University in Baton Rouge.
But under an agreement reached in 1983 after the death of the author’s widow, Mary Hemingway, joint permission from the foundation and the estate is required for the use of any previously unpublished material.