B-145187, MAR. 16, 1961

B-145187: Mar 16, 1961

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IT IS STATED THAT TWO LEASES. WERE EXECUTED COVERING TWO DWELLINGS OWNED BY THE ESTATE OF OTTO HAMANN. THAT THE LEASES WERE SENT TO MR. IT IS EXPLAINED THAT DUE TO THE ABSENCE OF THE EXECUTOR ON A PROLONGED TRIP MR. IT IS STATED THAT WHEN YOU SIGNED COPIES OF THE LEASES. THAT IT WAS NOTED THAT THE AGENT'S AUTHORITY FORM AUTHORIZING MR. RASIN YOU WERE ADVISED TO ELIMINATE THE NAME OF MR. THAT IT WAS AGREED IN THIS CONVERSATION THAT THE FIRST SHEET (PAGES 1 AND 2) OF BOTH LEASES WOULD BE RETYPED AND SUBSTITUTED IN LIEU OF THE ORIGINAL ONES IN ORDER TO SAVE RETYPING OF THE ENTIRE LEASES AND RETURNING SAME FOR EXECUTION BY THE EXECUTOR. CONCLUSION IT IS STATED THAT THROUGH CLERICAL ERROR. THE AMOUNT OF THE RENTAL WAS ERRONEOUSLY INSERTED AS $960 INSTEAD OF $1.

B-145187, MAR. 16, 1961

TO CONTRACTING OFFICER, REAL ESTATE DIVISION, U.S. ARMY ENGINEER DISTRICT:

BY LETTER DATED FEBRUARY 28, 1961, THE CHIEF, REAL ESTATE DIVISION, CORPS OF ENGINEERS, REFERRED HERE FOR DECISION YOUR REQUEST FOR REFORMATION OF LEASE NO. DA-49-080-ENG-4984 TO PROVIDE FOR AN ANNUAL RENTAL OF $1,320, INSTEAD OF $960.

IT IS STATED THAT TWO LEASES, NOS. DA-49-080-ENG-4983 AND DA-49-080 ENG- 4984, WERE EXECUTED COVERING TWO DWELLINGS OWNED BY THE ESTATE OF OTTO HAMANN, DECEASED; THAT THE LEASES AS ORIGINALLY EXECUTED BY THE OFFICE OF DISTRICT ENGINEER SHOWED MR. S. LLOYD FRANCIS AS AGENT FOR THE EXECUTOR OF THE DECEDENT'S ESTATE WITH AUTHORITY TO ACT IN ALL MATTERS PERTAINING TO THE LEASED DWELLINGS, INCLUDING THE COLLECTION OF RENTALS, BUT EXCLUDING AUTHORITY TO EXECUTE THE LEASES; THAT THE FIRST NUMBERED LEASE (4983) PROVIDED FOR AN ANNUAL RENTAL OF $960 AND THE SECOND NUMBERED LEASE (4984) PROVIDED FOR AN ANNUAL RENTAL OF $1,320; AND THAT THE LEASES WERE SENT TO MR. A. PARKS RASIN, JR., ATTORNEY FOR THE ESTATE FOR REVIEW BEFORE EXECUTION BY THE EXECUTOR. IT IS EXPLAINED THAT DUE TO THE ABSENCE OF THE EXECUTOR ON A PROLONGED TRIP MR. RASIN HELD THE LEASES FOR FIVE MONTHS AND EVENTUALLY RETURNED THEM AFTER THE EXECUTOR HAD SIGNED THEM.

IN YOUR STATEMENT OF MARCH 3, 1961, IN SUPPORT OF YOUR REQUEST FOR REFORMATION OF LEASE DA-49-080-ENG-4984 TO CONFORM TO THE INTENTIONS OF THE PARTIES, IT IS STATED THAT WHEN YOU SIGNED COPIES OF THE LEASES, LEASE NO. DA-49-080-ENG-4984 PROVIDED FOR AN ANNUAL RENTAL OF $1,320; THAT IT WAS NOTED THAT THE AGENT'S AUTHORITY FORM AUTHORIZING MR. S. LLOYD FRANCIS TO COLLECT RENTALS AND TAKE CARE OF ANY MAINTENANCE OF THE PROPERTY HAD BEEN SIGNED BY MR. RASIN, WHO HELD NO AUTHORITY TO EXECUTE SAME; THAT IN A TELEPHONE DISCUSSION WITH MR. RASIN YOU WERE ADVISED TO ELIMINATE THE NAME OF MR. FRANCIS FROM THE LEASE AND SEND ALL CORRESPONDENCE AND RENTAL CHECKS IN CARE OF MR. RASIN; AND THAT IT WAS AGREED IN THIS CONVERSATION THAT THE FIRST SHEET (PAGES 1 AND 2) OF BOTH LEASES WOULD BE RETYPED AND SUBSTITUTED IN LIEU OF THE ORIGINAL ONES IN ORDER TO SAVE RETYPING OF THE ENTIRE LEASES AND RETURNING SAME FOR EXECUTION BY THE EXECUTOR. CONCLUSION IT IS STATED THAT THROUGH CLERICAL ERROR, IN RETYPING THE FIRST SHEET (PAGES 1 AND 2) OF LEASE NO. 4984, THE AMOUNT OF THE RENTAL WAS ERRONEOUSLY INSERTED AS $960 INSTEAD OF $1,320 AS ORIGINALLY WRITTEN AND SIGNED BY THE EXECUTOR AND YOURSELF AND THAT AFTER THE FIRST SHEET WAS RETYPED, THE ORIGINAL SHEET (PAGES 1 AND 2) WAS DESTROYED.

SINCE IT IS THUS ESTABLISHED THAT THE PURPORTED LEASE FILED FOR RECORD WAS NOT IN FACT THE LEASE SIGNED BY THE LESSOR AND COULD CREATE NO RIGHTS OR OBLIGATIONS NOT PROVIDED BY THE ORIGINAL EXECUTED DOCUMENT, THE RECORD MAY BE CORRECTED BY A PROPERLY EXECUTED AMENDMENT EMBODYING THE TERMS ORIGINALLY AGREED UPON.

A REFERENCE TO THIS DECISION SHOULD BE MADE IN THE AMENDMENT TO THE LEASE.

THE ENCLOSURES, WITH THE EXCEPTION OF YOUR STATEMENT OF MARCH 3, 1961, ARE RETURNED.