B-140801, OCT. 12, 1959
Highlights
AUTHORITY WAS DELEGATED TO ROBERT E. TO ISSUE MONTHLY PURCHASE ORDERS FOR THOSE MONTHS IN WHICH THE HORSES AND EQUIPMENT WERE USED. THE RECORD SHOWS THAT THE HORSES WERE UTILIZED ON A MONTHLY BASIS DURING THE PERIOD JULY 1. WERE ISSUED DURING SUCH PERIOD. YOU WERE VERBALLY NOTIFIED THAT THERE WOULD BE NO FURTHER USE OF YOUR HORSES AND EQUIPMENT AFTER FEBRUARY 28. NO FURTHER USE OF THE HORSES WAS MADE BY THE IMMIGRATION AND NATURALIZATION SERVICE AFTER THAT DATE. YOU HAVE BEEN PAID IN FULL WITHIN THE TERMS OF THE PURCHASE ORDERS FOR THE MONTHS IN WHICH THE HORSES AND EQUIPMENT WERE USED. YOUR CLAIM WAS PREDICATED UPON THE CONTENTION THAT THE OFFICE MEMORANDUM OF JUNE 24. IT IS NOW CONTENDED THAT YOU ARE ENTITLED TO PAYMENT FOR THE RENTAL OF THE HORSES FOR THE MONTHS OF MARCH.
B-140801, OCT. 12, 1959
TO MR. CARTER M. MESSOME:
BY LETTER OF SEPTEMBER 4, 1959, YOUR ATTORNEY REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 21, 1959, WHICH DISALLOWED YOUR CLAIM FOR $700, ALLEGED TO BE DUE FOR THE RENTAL OF HORSES AND EQUIPMENT BY THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, DURING THE MONTHS OF MARCH, APRIL, MAY, AND JUNE 1959.
THE RECORD SHOWS THAT BY OFFICE MEMORANDUM DATED JUNE 24, 1958, AUTHORITY WAS DELEGATED TO ROBERT E. GARDNER, CHIEF PATROL INSPECTOR, MARFS, TEXAS, TO UTILIZE THREE HORSES BELONGING TO YOU DURING FISCAL YEAR 1959, ON AN AS -NEEDED BASIS AT A MONTHLY CHARGE OF $175, AND TO ISSUE MONTHLY PURCHASE ORDERS FOR THOSE MONTHS IN WHICH THE HORSES AND EQUIPMENT WERE USED. ALSO, THE RECORD SHOWS THAT THE HORSES WERE UTILIZED ON A MONTHLY BASIS DURING THE PERIOD JULY 1, 1958, THROUGH FEBRUARY 28, 1959, AND MONTHLY PURCHASE ORDERS, EACH IN THE AMOUNT OF $175, WERE ISSUED DURING SUCH PERIOD. ON FEBRUARY 2, 1959, YOU WERE VERBALLY NOTIFIED THAT THERE WOULD BE NO FURTHER USE OF YOUR HORSES AND EQUIPMENT AFTER FEBRUARY 28, 1959, AND NO FURTHER USE OF THE HORSES WAS MADE BY THE IMMIGRATION AND NATURALIZATION SERVICE AFTER THAT DATE. YOU HAVE BEEN PAID IN FULL WITHIN THE TERMS OF THE PURCHASE ORDERS FOR THE MONTHS IN WHICH THE HORSES AND EQUIPMENT WERE USED.
YOUR CLAIM WAS PREDICATED UPON THE CONTENTION THAT THE OFFICE MEMORANDUM OF JUNE 24, 1958, CONSTITUTED A CONTRACT FOR THE RENTAL OF YOUR HORSES AND EQUIPMENT THROUGH JUNE 30, 1959. IT IS NOW CONTENDED THAT YOU ARE ENTITLED TO PAYMENT FOR THE RENTAL OF THE HORSES FOR THE MONTHS OF MARCH, APRIL, MAY, AND JUNE 1959, ON A QUANTUM MERUIT BASIS, BECAUSE YOU PURCHASED FOOD, VETERINARY SUPPLIES, HORSESHOES, LUMBER TO REPAIR CORRALS, AND HAD SEVERAL SADDLES REWORKED, WITH THE EXPECTATION THAT YOUR HORSES WOULD BE UTILIZED FOR THE ENTIRE FISCAL YEAR 1959.
THE OFFICE MEMORANDUM DATED JUNE 24, 1958, CLEARLY WAS NOT A CONTRACT FOR THE RENTAL OF THE HORSES FOR THE ENTIRE FISCAL YEAR 1959, AND THE RECORD SHOWS THAT THERE WAS NO CONTRACT BY WHICH THE GOVERNMENT AGREED, EITHER EXPRESSLY OR BY IMPLICATION, TO UTILIZE THE HORSES AND EQUIPMENT THROUGH JUNE 30, 1959. IN ADDITION, SINCE NOTHING OF VALUE WAS RECEIVED BY THE GOVERNMENT FROM YOU DURING THE MONTHS OF MARCH, APRIL, MAY, AND JUNE 1959, DUE TO THE FACT THAT THE HORSES AND EQUIPMENT WERE NOT USED SUBSEQUENT TO FEBRUARY 28, 1959, PAYMENT FOR RENTAL OF THE HORSES AND EQUIPMENT FOR THOSE MONTHS CANNOT BE MADE ON A QUANTUM MERUIT BASIS.
THEREFORE, THE SETTLEMENT OF AUGUST 21, 1959, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.
IN RESPONSE TO YOUR ATTORNEY'S QUESTION WHERE A DECISION OF OUR OFFICE MAY BE APPEALED, YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND NO PROCEDURE IS PRESCRIBED FOR APPEALING SUCH DECISIONS. HOWEVER, INDEPENDENTLY OF THE ACTION OF OUR OFFICE, SUITS AGAINST THE UNITED STATES FOUNDED UPON ANY EXPRESS OR IMPLIED CONTRACT WITH THE UNITED STATES ARE COGNIZABLE IN THE COURT OF CLAIMS IF FILED THERE WITHIN SIX YEARS AFTER SUCH CLAIMS FIRST ACCRUE AND, WHEN THE AMOUNT CLAIMED DOES NOT EXCEED $10,000, IN THE DISTRICT COURTS OF THE UNITED STATES. SEE 26 U.S.C. ANNOTATED, SECTIONS 1491, 2501, AND 1346.