Wetsel-Oviatt Lumber Co.

Court of Claims

Wetsel-Oviatt Lumber Co.

197 Ct. Cl. 1071, 1972 U.S. Ct. Cl. LEXIS 51, 1972 WL 5151

CourtUnited States Court of Claims

DecidedMarch 31, 1972

DocketNo. 683-71

StatusPublished

This text of 197 Ct. Cl. 1071 (Wetsel-Oviatt Lumber Co.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wetsel-Oviatt Lumber Co., 197 Ct. Cl. 1071, 1972 U.S. Ct. Cl. LEXIS 51, 1972 WL 5151 (cc 1972).

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Opinion

Contracts; limitation of actions. — In October 1955 plaintiff entered into a contract with the Forest Service for the purchase of timber to be cut and removed by June 1957, the consideration by plaintiff consisting of a price per thousand board feet cut and construction of improvements to the Government land, including logging roads, erosion control, etc. Plaintiff alleges that the Government agreed to mark for cutting 12,800 M board feet of timber, more or less, but that only 6,493,670 board feet were marked, that it had inspected the area prior to the contract date and had ascertained from all available evidence that the Government could have marked the said 12,800 M board feet, and that its bid was based on such expectation of available timber. Plaintiff’s claim for relief with the General Accounting Office was denied in March 1959 and a request for reconsideration was denied in February 1961. A request for congressional relief also failed. Plaintiff filed its petition in this court on August 16, 1971. [1072]*1072This case comes before the court on defendant’s motion for summary judgment, and upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff’s alleged claim is barred by the statute of limitations, 28 U.S.C. § 2501. (See Iran Nat'l Airlines Corp. v. United States, 175 Ct. Cl. 504, 360 F. 2d 640 (1966).) On March 31, 1972 the court, by order, granted defendant’s motion and dismissed the petition.

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Contracts; limitation of actions. — In October 1955 plaintiff entered into a contract with the Forest Service for the purchase of timber to be cut and removed by June 1957, the consideration by plaintiff consisting of a price per thousand board feet cut and construction of improvements to the Government land, including logging roads, erosion control, etc. Plaintiff alleges that the Government agreed to mark for cutting 12,800 M board feet of timber, more or less, but that only 6,493,670 board feet were marked, that it had inspected the area prior to the contract date and had ascertained from all available evidence that the Government could have marked the said 12,800 M board feet, and that its bid was based on such expectation of available timber. Plaintiff’s claim for relief with the General Accounting Office was denied in March 1959 and a request for reconsideration was denied in February 1961. A request for congressional relief also failed. Plaintiff filed its petition in this court on August 16, 1971. [1072]*1072This case comes before the court on defendant’s motion for summary judgment, and upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff’s alleged claim is barred by the statute of limitations, 28 U.S.C. § 2501. (See Iran Nat'l Airlines Corp. v. United States, 175 Ct. Cl. 504, 360 F. 2d 640 (1966).) On March 31, 1972 the court, by order, granted defendant’s motion and dismissed the petition.

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Bluebook (online)

197 Ct. Cl. 1071, 1972 U.S. Ct. Cl. LEXIS 51, 1972 WL 5151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wetsel-oviatt-lumber-co-cc-1972.

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