A-18309, MAY 11, 1927, 6 COMP. GEN. 737

A-18309, MAY 11, 1927, 6 COMP. GEN. 737

LEASES - RENT - PAYMENT TO AGENTS A PRINCIPAL MAY REVOKE AT ANY TIME A POWER OF ATTORNEY OR OTHER AUTHORITY GRANTED, PROVIDED SUCH POWER OR AUTHORITY IS NOT COUPLED WITH AN INTEREST. WHERE A LEASE FOR THE RENTAL OF PREMISES IS ENTERED INTO BETWEEN THE UNITED STATES AND AN AGENT ACTING UNDER A POWER OF ATTORNEY, AND SUCH AGENT'S AUTHORITY IS SUBSEQUENTLY REVOKED BY THE GRANTING OF A NEW POWER OF ATTORNEY TO ANOTHER AGENT FOR THE HANDLING OF THE SAME PROPERTY, THE EXECUTION OF A NEW LEASE IS NOT NECESSARY AND PAYMENT ON ACCOUNT OF THE RENTAL OF SAID PREMISES MAY BE MADE IN THE USUAL MANNER ON VOUCHERS EXECUTED BY THE AGENT LAST APPOINTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, MAY 11, 1927:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 1, 1927, AS FOLLOWS:

IN COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH NO. 1 OF BULLETIN NO. 2 ISSUED MAY 22, 1922, I AM INCLOSING HEREWITH FOR SUCH ACTION AS YOU MAY ASCERTAIN TO BE PROPER, A CHECK IN THE AMOUNT OF $70, ISSUED BY THE DISBURSING CLERK OF THIS DEPARTMENT, DATED DECEMBER 2, 1926, PAYABLE TO HORACE B. STEVENS, AGENT FOR CONSTANCE MILLS OVERTON.

THE FACTS IN THE CASE ARE AS FOLLOWS: JUNE 11, 1926, HORACE B. STEVENS, AS LESSOR, EXECUTED A LEASE WITH THE UNITED STATES, COVERING THE LEASING OF ROOMS 1012 AND 1013 IN THE MILLS BUILDING, EL PASO, TEXAS. HIS AUTHORITY FOR SO DOING WAS A POWER OF ATTORNEY ISSUED TO HIM BY MRS. CONSTANCE MILLS OVERTON, OWNER, AUTHORIZING HIM TO "CONTRACT FOR LEASES AND RENTS; TO COLLECT RENTS, SIGN CONTRACTS, AND DO ALL ELSE NECESSARY FOR THE PROPER CARE AND PRESERVATION OF THE PROPERTIES--- THE MILLS BUILDING, EL PASO, TEXAS.' IN DUE COURSE MR. STEVENS PRESENTED A VOUCHER IN HIS NAME AS LESSOR FOR THE OCTOBER, 1926, RENT, WHICH VOUCHER WAS APPROVED AND THE INCLOSED CHECK DRAWN IN PAYMENT THEREFOR AND FORWARDED TO HIM. HOWEVER, MR. STEVENS DIED ON DECEMBER 16, 1926, PRIOR TO HIS RECEIPT OF THE CHECK IN QUESTION.

MR. PHILIP C. STEVENS, SON OF HORACE B. STEVENS, WAS, ON DECEMBER 6, 1926, IN ANTICIPATION OF THE DEATH OF HIS FATHER, GIVEN A POWER OF ATTORNEY BY MRS. OVERTON, AUTHORIZING HIM TO ACT AS HER AGENT "TO COLLECT RENTS, MAKE LEASES, AND DO EVERYTHING REQUIRED IN THE PROPER HANDLING" OF THE MILLS BUILDING, AND THE CHECK IN QUESTION HAS BEEN RETURNED BY HIM FOR PROPER INDORSEMENT.

RENT FOR THE MONTHS OF NOVEMBER AND DECEMBER, 1926, IS NOW DUE AND PAYABLE AND IN CONNECTION THEREWITH A VOUCHER HAS BEEN SUBMITTED BY PHILIP C. STEVENS IN THE NAME OF HORACE B. STEVENS, COVERING THE NOVEMBER RENT, WHICH VOUCHER IS ALSO HEREWITH INCLOSED.

IT IS REQUESTED THAT SUCH ACTION AS YOU MAY DEEM PROPER BE TAKEN TO SECURE THE PAYMENT OF THE CHECK IN QUESTION TO THE PROPER PARTY IN INTEREST; ALSO YOUR ADVICE IS REQUESTED AS TO THE PROPER PROCEDURE WITH REFERENCE TO THE PAYMENT OF THE RENT FOR THE MONTHS OF NOVEMBER AND DECEMBER, 1926, AND AS TO WHETHER OR NOT A NEW LEASE WILL BE REQUIRED.

IN ADDITION TO THE CHECK SUBMITTED WITH YOUR COMMUNICATION QUOTED, ANOTHER CHECK WAS FORWARDED TO THIS OFFICE UNDER DATE OF JANUARY 31, 1927, BY THE ASSISTANT SURGEON GENERAL, PUBLIC HEALTH SERVICE, DRAWN BY THE DISBURSING CLERK, TREASURY DEPARTMENT, ON DECEMBER 22, 1926, TO THE ORDER OF MILLS BUILDING (HORACE B. STEVENS, AGENT), IN THE AMOUNT OF $25 COVERING PAYMENT OF RENT FOR ROOM 322, MILLS BUILDING, EL PASO, TEX., DURING THE MONTH OF NOVEMBER, 1926, FOR PROPER ACTION AND AUTHORIZATION AS TO PAYMENT.

WITH REGARD TO THIS PORTION OF YOUR LETTER CONCERNING THE ENDORSEMENT OF THESE CHECKS YOU ARE ADVISED THAT THEY WERE FORWARDED TO MRS. CONSTANCE MILLS OVERTON, 220 HILLSIDE AVENUE, PIEDMONT, CALIF., UNDER DATE OF MARCH 11, 1927, EACH CHECK BEARING AN AUTHORIZATION FOR ITS PAYMENT IN THE USUAL MANNER UPON THE INDORSEMENT OF "CONSTANCE MILLS OVERTON, CESTUI QUE TRUST OF PREMISES LEASED BY HER AGENT, HORACE B. STEVENS, DECEASED PAYEE.'

WITH REFERENCE TO YOUR REQUEST FOR DECISION WHETHER A NEW LEASE WILL BE REQUIRED UNDER THE CIRCUMSTANCES SHOWN AND HOW PAYMENTS ON ACCOUNT OF RENT FOR SUBSEQUENT MONTHS SHOULD BE MADE YOU ARE ADVISED THAT IT ISA GENERALLY RECOGNIZED PRINCIPLE OF LAW THAT A PRINCIPAL MAY REVOKE THE AUTHORITY GRANTED TO AN AGENT AT ANY TIME, PROVIDED SUCH AUTHORITY IS NOT COUPLED WITH AN INTEREST. IN THE INSTANT MATTER IT APPEARS THAT MRS. OVERTON, UNDER DATE OF DECEMBER 6, 1926, IN ANTICIPATION OF THE DEATH OF HORACE B. STEVENS, THEN HER LEGALLY CONSTITUTED AGENT, REVOKED THE AUTHORITY GRANTED TO HIM BY APPOINTING PHILIP C. STEVENS AS HER AGENT TO DO EVERYTHING REQUIRED AND PROPER IN THE HANDLING OF THE PROPERTY KNOWN AS THE MILLS BUILDING, EL PASO, TEX.

THE COPIES OF THE POWERS OF ATTORNEY GRANTED TO PHILIP C. STEVENS, TRANSMITTED WITH YOUR SUBMISSION, HAVE BEEN FILED WITH THE LEASE ENTERED INTO UNDER DATE OF JUNE 11, 1926, AND YOU ARE ADVISED THAT EXECUTION OF A NEW LEASE IS NOT NECESSARY. PAYMENTS UNDER THE LEASE ON ACCOUNT OF RENT FOR SUBSEQUENT MONTHS SHOULD BE MADE IN THE USUAL MANNER ON VOUCHERS EXECUTED BY PHILIP C. STEVENS, AGENT FOR CONSTANCE MILLS OVERTON.