B-148876, JAN. 14, 1964
Highlights
ON THE GROUND THAT THERE WAS NO PROVISION IN YOUR LEASE BARRING PAYMENT OF A CLAIM ARISING THEREUNDER UNTIMELY FILED. YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. BECAUSE NOT RECEIVED HERE WITHIN TEN YEARS AFTER ITS ACCRUAL AND YOU WERE ADVISED THAT THE MANDATORY REQUIREMENTS OF THE BARRING STATUTE CONTAIN NO EXCEPTIONS. WAS IN EFFECT AT THE TIME THE LEASE WAS ENTERED INTO. YOU HAVE BEEN PREVIOUSLY ADVISED THAT ACT SPECIFICALLY PROVIDES THAT . FOR THE FOREGOING REASONS WE ARE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.
B-148876, JAN. 14, 1964
TO MR. FLAVIANO TANO:
YOUR LETTER OF DECEMBER 16, 1963, REQUESTS RECONSIDERATION OF YOUR CLAIM FOR $637.50 REPRESENTING THE BALANCE ALLEGED TO BE DUE UNDER LEASE NO. B- 413, DATED MAY 1, 1945, ON THE GROUND THAT THERE WAS NO PROVISION IN YOUR LEASE BARRING PAYMENT OF A CLAIM ARISING THEREUNDER UNTIMELY FILED.
AS STATED IN OUR LETTER OF MAY 28, 1962, TO YOU, YOUR CLAIM WAS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1961, 31 U.S.C. 71A, BECAUSE NOT RECEIVED HERE WITHIN TEN YEARS AFTER ITS ACCRUAL AND YOU WERE ADVISED THAT THE MANDATORY REQUIREMENTS OF THE BARRING STATUTE CONTAIN NO EXCEPTIONS. WHILE YOU STATE THAT YOUR LEASE CONTAINED NO TIME LIMITATION FOR CLAIMING PAYMENT FOR AMOUNTS DUE THEREUNDER, THE ACT OF OCTOBER 9, 1940, WAS IN EFFECT AT THE TIME THE LEASE WAS ENTERED INTO. YOU HAVE BEEN PREVIOUSLY ADVISED THAT ACT SPECIFICALLY PROVIDES THAT ,WHENEVER ANY CLAIM BARRED BY SECTION 1 SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS ACT, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION.' AS STATED BY THE COURT IN FARMERS AND MERCHANTS BANK OF MONROE, NORTH CAROLINA V. FEDERAL RESERVE BANK, 262 U.S. 649, 660:
"LAWS WHICH SUBSIST AT THE TIME AND PLACE OF THE MAKING OF A CONTRACT * * * ENTER INTO AND FORM A PART OF IT, AS FULLY AS IF THEY HAD BEEN EXPRESSLY REFERRED TO OR INCORPORATED IN ITS TERMS.'
SEE ALSO, APPLICATION OF COHN, 55 NYS2D 337, 341 AND EASTERN BUILDING CORPORATION V. UNITED STATES, 96 CT.CL. 399, CERTIORARI DENIED 317 U.S. 650.
FOR THE FOREGOING REASONS WE ARE NOT AUTHORIZED TO TAKE ANY FURTHER ACTION ON YOUR CLAIM.