B-148766, FEB. 27, 1964
Highlights
KROUSE: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 3. YOU WERE ADVISED THAT THE ONLY CONCERN OF THE GOVERNMENT IS TO SECURE A GOOD ACQUITTANCE FOR THE PAYMENT OF THE AMOUNT DUE UNDER THE CONTRACT. YOU WERE ASKED TO SUBMIT EVIDENCE OF MUTUAL AGREEMENT AS TO THE RIGHTS OF BOTH YOU AND MR. SUCH AGREEMENT OR RELEASE WAS TO BE SIGNED BY BOTH YOU AND THE LEGAL REPRESENTATIVE OF MR. KNIGHT'S ESTATE AND WAS TO BE NOTARIZED. SATISFACTORY EVIDENCE OF THE APPOINTMENT OF SUCH LEGAL REPRESENTATIVE WAS ALSO REQUESTED. THE RECORD DOES NOT SHOW THAT YOU HAVE EVER PRESENTED ANY OF THE REQUIRED EVIDENCE TO THIS OFFICE. THAT IF THE EXECUTORS OF YOUR DECEASED EX-PARTNER'S ESTATE HAVE NOT MADE CLAIM WITHIN TWO YEARS FROM THE DATE OF HIS DEATH FOR ANY MONEYS DUE THE ESTATE.
B-148766, FEB. 27, 1964
TO MR. PAUL E. KROUSE:
REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 3, 1964, REGARDING OUR DISALLOWANCE OF YOUR CLAIM FOR $750 ALLEGED TO BE DUE UNDER CONTRACT NO. V5243P-237, DATED JUNE 8, 1959, BETWEEN THE GOVERNMENT AND K AND K TV SALES AND REPAIR, PITTSBURGH, PENNSYLVANIA, FOR TELEVISION MAINTENANCE AND REPAIR SERVICE FOR VETERANS ADMINISTRATION HOSPITALS AT PITTSBURGH AND ASPINWALL, PENNSYLVANIA, DURING THE PERIOD FROM JULY 1, 1959, TO JUNE 30, 1960.
IN OUR LETTER OF MAY 21, 1962, SUPPLEMENTED BY LETTERS DATED DECEMBER 17, 1962, AND SEPTEMBER 9, 1963, WE SET FORTH THE BASIS UPON WHICH WE WOULD BE JUSTIFIED IN MAKING PAYMENT TO YOU OF THE AMOUNT DUE UNDER THE CONTRACT IN CIRCUMSTANCES RESULTING FROM THE DISSOLUTION OF A PARTNERSHIP WHEREIN THIS OFFICE HAS BEEN PUT ON NOTICE OF CONFLICTING CLAIMS. YOU WERE ADVISED THAT THE ONLY CONCERN OF THE GOVERNMENT IS TO SECURE A GOOD ACQUITTANCE FOR THE PAYMENT OF THE AMOUNT DUE UNDER THE CONTRACT. TO ESTABLISH THIS, YOU WERE ASKED TO SUBMIT EVIDENCE OF MUTUAL AGREEMENT AS TO THE RIGHTS OF BOTH YOU AND MR. KNIGHT'S ESTATE UNDER THE CONTRACT OR SUBMIT AN APPROPRIATE RELEASE TO THE UNITED STATES UPON PAYMENT OF THE FUNDS DUE UNDER THE CONTRACT TO A PERSON DESIGNATED TO RECEIVE THE AMOUNT DUE. SUCH AGREEMENT OR RELEASE WAS TO BE SIGNED BY BOTH YOU AND THE LEGAL REPRESENTATIVE OF MR. KNIGHT'S ESTATE AND WAS TO BE NOTARIZED. SATISFACTORY EVIDENCE OF THE APPOINTMENT OF SUCH LEGAL REPRESENTATIVE WAS ALSO REQUESTED. THE RECORD DOES NOT SHOW THAT YOU HAVE EVER PRESENTED ANY OF THE REQUIRED EVIDENCE TO THIS OFFICE.
YOUR PRESENT LETTER STATES, IN EFFECT, THAT IF THE EXECUTORS OF YOUR DECEASED EX-PARTNER'S ESTATE HAVE NOT MADE CLAIM WITHIN TWO YEARS FROM THE DATE OF HIS DEATH FOR ANY MONEYS DUE THE ESTATE, THEIR RIGHT TO DO SO HAS EXPIRED AND YOU REQUEST THAT PAYMENT BE MADE TO YOUR BUSINESS FIRM. BUT THIS STATEMENT DOES NOT ESTABLISH CONCLUSIVELY THAT THE LEGAL REPRESENTATIVE OF MR. KNIGHT'S ESTATE HAS NO CLAIM TO ANY PART OF THE AMOUNT CLAIMED NOR DOES IT PRESENT ANY NEW EVIDENCE REQUIRING OUR CONSIDERATION IN THE MATTER. YOU PREVIOUSLY WERE ADVISED THAT PAYMENT CANNOT BE MADE ON AN UNSUPPORTED STATEMENT AS TO YOUR RIGHT TO RECEIVE PAYMENT.
THE PURPOSE OF A GOOD ACQUITTANCE TO THE GOVERNMENT OF ITS LIABILITY TO A CLAIMANT IS TO INSURE AGAINST HAVING TO AGAIN PAY ALL OR A PART OF AN AMOUNT ONCE PAID TO ANOTHER CLAIMANT ON A LEGALLY ENFORCEABLE CLAIM. FOR THIS REASON, THE ACQUIESCENCE BY THE PERSONAL REPRESENTATIVE OF THE ESTATE IN THIS SETTLEMENT IS CONSIDERED OF PRIMARY AND CONCLUSIVE IMPORTANCE TO THE GOVERNMENT.
ACCORDINGLY, THE REQUESTED EVIDENCE OF AGREEMENT OR CLEARANCE BETWEEN YOU AND THE PERSONAL REPRESENTATIVE OF MR. KNIGHT'S ESTATE NEVER HAVING BEEN FURNISHED, IT MUST BE CONCLUDED THAT THE PRESENT RECORD AFFORDS NO BASIS UPON WHICH PAYMENT CAN BE MADE TO ANYONE.
PROMPT CONSIDERATION WILL BE GIVEN TO YOUR CLAIM UPON RECEIPT OF THE REQUESTED EVIDENCE OF AGREEMENT OR CLEARANCE.