A-10499, AUGUST 4, 1925, 5 COMP. GEN. 89

A-10499: Aug 4, 1925

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WERE SOLD "AS IS" AND "WHERE IS" WITHOUT WARRANTY OF ANY KIND. FOR DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY. IT APPEARS THAT AMONG OTHER BUILDINGS SOLD AT THE AUCTION SALE WERE THE FOLLOWING. WHICH WERE SOLD TO R. 51.00 THE TWO FIRST MENTIONED BUILDINGS WERE LOCATED ON LAND OWNED BY WILLIAM A. WHILE THE LATTER WAS ON LAND BELONGING TO CORA A. THE LAND UPON WHICH THE BUILDINGS WERE LOCATED WAS IN THE POSSESSION OF THE GOVERNMENT AT THE TIME OF ERECTION OF THE BUILDINGS BY VIRTUE OF A PETITION IN CONDEMNATION PROCEEDING FILED IN THE UNITED STATES DISTRICT COURT TO ACQUIRE FEE SIMPLE TITLE THERETO. THAT THE PETITION WAS SUBSEQUENTLY AMENDED EXCLUDING THE TWO PARCELS OF LAND FROM THE PROCEEDING.

A-10499, AUGUST 4, 1925, 5 COMP. GEN. 89

SALES - REFUND OF PURCHASE PRICE WHERE GOVERNMENT-OWNED BUILDINGS, PLACED ON LAND TEMPORARILY IN THE POSSESSION OF THE UNITED STATES THROUGH A CONDEMNATION PETITION FILED IN A UNITED STATES DISTRICT COURT, WERE SOLD "AS IS" AND "WHERE IS" WITHOUT WARRANTY OF ANY KIND, AND THE OWNER OF THE LAND PREVENTED THE REMOVAL OF THE BUILDINGS LOCATED THEREON THROUGH PROCEEDINGS INSTITUTED IN A STATE COURT, THE PURCHASER OF THE BUILDINGS MAY BE REFUNDED THE AMOUNT PAID BY HIM AS PURCHASE PRICE, THE GOVERNMENT BEING UNABLE TO DELIVER THE BUILDINGS.

ACTING COMPTROLLER GENERAL GINN TO CAPT. W. H. SUTHERLAND, UNITED STATES ARMY, AUGUST 4, 1925:

THERE HAS BEEN RECEIVED YOUR REQUEST OF JULY 1, 1925, FOR DECISION AS TO WHETHER YOU ARE AUTHORIZED TO PAY, FROM MONEYS NOW HELD IN YOUR SPECIAL DEPOSIT ACCOUNT AND REPRESENTING PROCEEDS OF SALE OF GOVERNMENT-OWNED BUILDINGS AT CAMP KNOX, KY., A VOUCHER STATED FOR $156.50 IN FAVOR OF R. E. MASON, AS A REFUND OF THE PURCHASE PRICE PAID FOR CERTAIN BUILDINGS SOLD AT PUBLIC AUCTION AT THE WEST POINT RESERVATION ON AUGUST 7, 1922.

IT APPEARS THAT AMONG OTHER BUILDINGS SOLD AT THE AUCTION SALE WERE THE FOLLOWING, WHICH WERE SOLD TO R. E. MASON AT THE PRICES STATED:

CHART 1 MESS HALL 18 TIMES 40 ------------------------------------ $25.50 4 SHEDS 10 TIMES 20 AT $20 EA ------------------------------ 80.00 1 TANK, WATER ---------------------------------------------- 51.00

THE TWO FIRST MENTIONED BUILDINGS WERE LOCATED ON LAND OWNED BY WILLIAM A. BRIDWELL, WHILE THE LATTER WAS ON LAND BELONGING TO CORA A. THOMAS. THE LAND UPON WHICH THE BUILDINGS WERE LOCATED WAS IN THE POSSESSION OF THE GOVERNMENT AT THE TIME OF ERECTION OF THE BUILDINGS BY VIRTUE OF A PETITION IN CONDEMNATION PROCEEDING FILED IN THE UNITED STATES DISTRICT COURT TO ACQUIRE FEE SIMPLE TITLE THERETO, IT APPEARING, HOWEVER, THAT THE PETITION WAS SUBSEQUENTLY AMENDED EXCLUDING THE TWO PARCELS OF LAND FROM THE PROCEEDING, AND PRIOR TO THE SALE OF THE BUILDINGS POSSESSION OF THE LAND PASSED TO THE OWNERS THEREOF.

IT ALSO APPEARS THAT AFTER THE SALE OF THE BUILDINGS TO MR. MASON AND UPON HIS PROCEEDING TO REMOVE HIS PURCHASE MR. BRIDWELL INSTITUTED PROCEEDINGS IN A STATE COURT WHICH PREVENTED THE REMOVAL OF THE BUILDINGS BY MR. MASON AND THAT THE ACTION WAS THEREAFTER DECIDED IN FAVOR OF THE OWNER OF THE LAND.

WITH REGARD TO THE REMOVAL OF THE TANK LOCATED ON THE LAND OWNED BY CORA A. THOMAS, IT APPEARS THAT MR. MASON WAS ALSO DENIED POSSESSION OF THE TANK, WHICH WAS THEREAFTER REMOVED BY THE OWNER OF THE LAND.

THE TERMS OF THE SALE UNDER WHICH THE BUILDINGS WERE SOLD PROVIDED THAT THE PROPERTY WOULD BE SOLD "AS IS" AND "WHERE IS," WITHOUT WARRANTY OR GUARANTY AS TO QUALITY, CHARACTER, CONDITION, SIZE, OR KIND, THEREBY CONTEMPLATING THE DELIVERY OF PROPERTY, BUT NOT WARRANTING ITS CONDITION.

INASMUCH AS THE GOVERNMENT HAS NOT BEEN ABLE TO PUT MR. MASON IN POSSESSION OF HIS PURCHASE, THE SITUATION HERE WOULD APPEAR TO BE THAT THERE WAS NO SALE IN VIEW OF THE FACT THAT AT THE TIME OF THE AUCTION THE GOVERNMENT DID NOT HAVE POSSESSION OR LEGAL TITLE TO THE PROPERTY, AND IN VIEW OF THE APPROVAL BY THE SECRETARY OF WAR OF RECOMMENDATIONS THAT THE SALE BE CANCELED AND A REFUND OF THE PURCHASE PRICE BE MADE TO MR. MASON, YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER SUBMITTED IS AUTHORIZED.