B-169995, APR 1, 1971

B-169995: Apr 1, 1971

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IT IS CLEAR THAT THE GOODS WERE NOT IN THE POSSESSION OF THE GOVERNMENT. THE CLAIM IS THEREFORE DISALLOWED. MARTIN HARRIS: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27. THE BASIS FOR YOUR REQUEST FOR RECONSIDERATION IS THAT THE GOODS WERE "IN THE POSSESSION OF THE GOVERNMENT AT THE TIME MY CLIENT (TRI SURPLUS) WENT TO PICK SAME UP WITH HIS TRUCK. IT WAS ONLY AT THAT TIME THAT DELIVERY WAS REFUSED AND MERCHANDISE WAS GIVEN TO ANOTHER.". FURNISHED BY THE BUREAU OF CUSTOMS INDICATES THAT THE GOODS WERE DELIVERED TO A COMMON CARRIER ON MAY 27. WHICH WAS MORE THAN A MONTH BEFORE TRI-SURPLUS CALLED FOR THE GOODS. SINCE YOUR ALLEGATIONS ARE NOT SUPPORTED BY THE EVIDENCE OF RECORD. IS SUSTAINED.

B-169995, APR 1, 1971

BREACH OF SALES CONTRACT SUSTAINING PRIOR DECISION WHICH DISALLOWED CLAIM BY TRI-SURPLUS, INC., FOR $1,875 FOR DAMAGES DUE TO AN ALLEGED BREACH OF CONTRACT ARISING OUT OF SALE OF IMPORTED GOODS BY THE BUREAU OF CUSTOMS. BECAUSE THE RECORD INDICATES THAT THE GOODS HAD BEEN DELIVERED TO A COMMON CARRIER MORE THAN A MONTH BEFORE CLAIMANT CALLED FOR THEM, IT IS CLEAR THAT THE GOODS WERE NOT IN THE POSSESSION OF THE GOVERNMENT. THE CLAIM IS THEREFORE DISALLOWED.

TO MR. MARTIN HARRIS:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 27, 1970, REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF AUGUST 12, 1970, WHICH DISALLOWED THE CLAIM OF TRI-SURPLUS, INC., IN THE AMOUNT OF $1,875 FOR DAMAGES DUE TO AN ALLEGED BREACH OF CONTRACT ARISING OUT OF A SALE OF IMPORTED GOODS BY THE BUREAU OF CUSTOMS, NEW YORK, NEW YORK.

THE BASIS FOR YOUR REQUEST FOR RECONSIDERATION IS THAT THE GOODS WERE "IN THE POSSESSION OF THE GOVERNMENT AT THE TIME MY CLIENT (TRI SURPLUS) WENT TO PICK SAME UP WITH HIS TRUCK. IT WAS ONLY AT THAT TIME THAT DELIVERY WAS REFUSED AND MERCHANDISE WAS GIVEN TO ANOTHER." HOWEVER, THE TRANSPORTATION AND ENTRY PERMIT DATED MAY 23, 1969, FURNISHED BY THE BUREAU OF CUSTOMS INDICATES THAT THE GOODS WERE DELIVERED TO A COMMON CARRIER ON MAY 27, 1969, WHICH WAS MORE THAN A MONTH BEFORE TRI-SURPLUS CALLED FOR THE GOODS.

SINCE YOUR ALLEGATIONS ARE NOT SUPPORTED BY THE EVIDENCE OF RECORD, THE SETTLEMENT OF AUGUST 12, 1970, IS SUSTAINED.