B-139149, AUG. 11, 1959

B-139149, AUG. 11, 1959

TO MR. HANS MARKO:

REFERENCE IS MADE TO YOUR LETTER DATED JUNE 24, 1959, REQUESTING RECONSIDERATION OF OUR DECISION OF JUNE 4, 1959, WHICH DISALLOWED YOUR CLAIM FOR $5,544.31, AS ADDITIONAL AMOUNTS ALLEGED DUE UNDER CONTRACT NO. HAT/1/-320, DATED AUGUST 23, 1950.

ON SEPTEMBER 18, 1951, YOU EXECUTED A FULL RELEASE OF YOUR CLAIMS FOR A PAYMENT OF 2,257 SCHILLINGS. YOU NOW CONTEND THAT THE RELEASE HAD REFERENCE ONLY TO THE 2,257 SCHILLINGS. ALSO, YOU STATED THAT HAD YOU KNOWN OF THE CONTENTS OF THIS RELEASE YOU WOULD NOT HAVE SIGNED IT AND THAT YOU SIGNED IT UNDER PRESSURE.

THE RECORD BEFORE OUR OFFICE DOES NOT AGREE WITH YOUR CONTENTIONS. APPEARS THAT AFTER YOU HAD RECEIVED SEVERAL PAYMENTS PRIOR TO THE CANCELLATION OF THE CONTRACT THERE ENSUED A SHARP DISAGREEMENT AS TO THE BALANCE DUE, WHICH LED TO A CONFERENCE ATTENDED BY YOU IN SALZBURG ON SEPTEMBER 18, 1951. AT THAT TIME YOU SIGNED THE RELEASE IN QUESTION. IS CLEAR FROM THE LANGUAGE OF THE RELEASE THAT YOU RENOUNCED ALL RIGHTS TO FURTHER MONEY PAYMENTS UNDER THE CONTRACT. SINCE THE RELEASE WAS WRITTEN IN THE GERMAN LANGUAGE, WE ASSUME YOU MUST HAVE UNDERSTOOD WHAT WAS SAID THEREIN. THERE IS NO EVIDENCE THAT ANY PRESSURE WAS PUT UPON YOU TO SIGN THE INSTRUMENT. IT HAS BEEN HELD MANY TIMES BY THE COURTS AND THE ACCOUNTING OFFICERS OF THE UNITED STATES GOVERNMENT THAT THE EXECUTION OF A RELEASE PRECLUDES A CONTRACTOR FROM THEREAFTER PRESENTING ANY CLAIM ARISING OUT OF THE TRANSACTION INVOLVED, EXCEPT SUCH CLAIMS AS MAY HAVE BEEN SPECIFICALLY EXCEPTED BY THE TERMS OF THE RELEASE. SEE UNITED STATES V. WM. CRAMP AND SONS SHIP AND ENGINE BUILDING COMPANY, 206 U.S. 118; C. R. WILSON BODY COMPANY V. UNITED STATES, 59 C.CLS. 611; BE IN V. UNITED STATES, 101 C.CLS. 144; 23 COMP. GEN. 632; 25 ID. 893.