B-121929, AUG. 30, 1955

B-121929, AUG. 30, 1955

TO MR. MARC WILENKIN:

THERE HAVE BEEN RECEIVED YOUR LETTERS OF JULY 8 AND AUGUST 12, 1955, IN FURTHER REFERENCE TO YOUR CLAIM FOR 50.4.0 POUNDS STERLING AS THE BALANCE ALLEGED TO BE DUE FOR CERTAIN PERSONAL PROPERTY INCIDENT TO THE SALE OF YOUR HOUSE AT 2 SOUTHWICK PLACE, PADDINGTON, LONDON, TO THE AMERICAN EMBASSY ON JUNE 3, 1949, AND YOUR CLAIM FOR 25 GUINEAS AS COMPENSATION FOR YOUR TROUBLE, CORRESPONDENCE, TIME, AND EXPENSES IN PURSUING THE CLAIM.

THE DISALLOWANCE OF YOUR CLAIM FOR 50.4.0 POUNDS STERLING WAS SUSTAINED IN OUR LETTER OF DECEMBER 8, 1954, TO YOU AND YOUR CLAIM FOR THE 25 GUINEAS WAS DISALLOWED BY THE SAME LETTER. THE FACTS AS SHOWN BY THE RECORD HERE AND THE REASONS FOR THE ACTION TAKEN WERE FULLY STATED IN THAT LETTER.

IN YOUR LETTER OF JULY 8, YOU STATE THAT APPARENTLY NO MENTION WAS MADE IN THE ADMINISTRATIVE REPORT THAT MR. A. D. MOFFITT WAS ACTING ON YOUR BEHALF IN THE MATTER OF THE FIXTURES AND FITTINGS, AND THAT IT WAS AS A RESULT OF THE NEGOTIATIONS AMONG MR. PENSON AND MR. ANNS, REPRESENTING THE EMBASSY, AND YOU AND MR. MOFFITT THAT THE ADDITIONAL ITEMS IN THE PURCHASE ORDER DATED JUNE 8, 1949, AND THE OTHER ITEMS SET OUT IN PARAGRAPHS 5 AND 6 OF YOUR AFFIDAVIT OF JANUARY 20, 1953, WERE AGREED TO BE TAKEN OVER AS APART FROM THOSE CHATTELS FOR WHICH YOU PREVIOUSLY RECEIVED PAYMENT OF 392.14.0 POUNDS STERLING.

WHILE MR. MOFFITT WAS NOT MENTIONED IN OUR LETTER OF DECEMBER 8, 1954, TO YOU, CERTAIN CORRESPONDENCE IN THE FILE INDICATES THAT MR. MOFFITT REPRESENTED YOU IN THE MATTER. HOWEVER, SUCH FACT AND THE FACT THAT HE MAY HAVE AGREED WITH YOU, AS STATED BY YOU, TO THE PRICES CLAIMED FOR THE ARTICLES INVOLVED IN NOWISE AFFECTS THE CONCLUSION REACHED IN OUR LETTER OF DECEMBER 8, 1954. THE ADMINISTRATIVE REPORT IS EXPLICIT IN STATING THAT WITH THE EXCEPTION OF ITEMS FOR WHICH YOU ALREADY WERE PAID "EVERY OTHER ITEM ON THE PURCHASE ORDER NO. FBO.2462 OF JUNE 8, 1949, WAS SPECIFICALLY AGREED WITH WILENKIN AS BEING INCLUDED WITH THE PROPERTY.' ALSO, IN CONNECTION WITH THE PRIOR AFFIDAVIT OF FAY ZAUSMER THE REPORT OF MR. PENSON STATED,"ZAUSMER WAS IN THE LIBRARY OF NO. 2, SOUTHWICK PLACE AT THE MEETING ON APRIL 6, 1949, BUT DID NOT ACCOMPANY WILENKIN, ANNS AND ME ON THE TOUR OF THE HOUSE AND TOOK NO PART IN THE DISCUSSION OR NEGOTIATIONS. I SUBMIT THAT THAT AS ZAUSMER WAS NOT PRESENT AT ANY MATERIAL TIME THE AFFIDAVIT IS OF NO VALUE. THERE WAS ONLY ONE WITNESS, ANNS, AND HIS STATEMENT IS ATTACHED.' SUCH STATEMENTS SEEM CLEARLY TO INDICATE THAT THE ONLY WITNESSES TO THE MATERIAL NEGOTIATIONS WERE MESSRS. PENSON, ANNS AND YOURSELF, AND THAT MR. MOFFITT WAS NOT PRESENT ALTHOUGH HE MAY HAVE DISCUSSED VALUATIONS, ETC., WITH YOU. THUS, YOUR LETTERS OF JULY 8 AND AUGUST 12 PRESENT NO NEW EVIDENCE WHICH WOULD JUSTIFY THIS OFFICE IN REVERSING OR MODIFYING THE ACTION TAKEN WITH RESPECT TO YOUR TWO CLAIMS.