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B-187824 1 (1976-12-15)

handle is hein.gao/gaobaddwj0001 and id is 1 raw text is: I Proc. 11 FILE; 3-187824 DATE: *eember 15, 17f6 MATTER OF: Raye Limited, Inc. DIGEST: Disallowance of claim for prompt payment discount allegedly taken improperly '.: affirmed since payment was made within discount period properly computed by excltding from computa- tion day from which period began. Raye Limited, Inc. has requested review of our Claims Division Settlement of October 22, 1975, disallowing the firm's rlaim for $1,721.78, representing a prompt payment discount alleged to have been erroneously taken in connection with contract No. DAKF48-75- W-3077-1, awarded by the Department of the Army, Fort Hood, Texas. The contract included the discount term 20% - 10 days. Both the Army and th.) claimant agree that under the contract the dis- count period is to be. computed from date of delivery and that thr. date of delivery was August 14, 1975. It Is also agreed that p&y- ment was effected on August 25, 1975. The claim arises out of claimant's contention that August 14, 1915, must count as the first day of the 10-day discount period. The claimant's position is'contrary to the weight of judicial authority and to the pz.tor decli-ion of this Office. The word frjm, when used with respect 'to the measurement of time, is generally held to be a term oftaxclusion, so that wheni a peAod of time is to be reckoned from a certain day (unless there is something in the context or circumstances to indicate a different intention), the day from which the time is to be reckoned will be excluded from the computation. See 74 Am. Jur. 2d Time 1 21 (174) and 86 C.J.S. Time S 13(3)(1954)and the cases cited therein; B-1U4419, Septtmber 21, 1951. A leading caje on this point, Sheets v. Selden's Lesrse, 69 U.S. 177 (1864),-states: The general current of moderv iuthorities on the interpretation of cor .racts, and also of statutes, where time is to be computed from a'particular day or a particular evant, as when an act is to be per- formed .ithin a specified period from or after a I __ U. .3. I - r. p er 7yler ?rzybylek S 'N E D THE COMPTMOLLERN CUNERAL D ECIBO 111 -? OF THE U7 unrnSTATsEN WAUHINGTON. 0.C. 20548 --i 0

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