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![handle is hein.gao/gaobadgmy0001 and id is 1 raw text is:
I
- THE COMPTROLLWR G5aNEP L
. THE UNITED UTr4TEJU
W VABHINGTON. 0. C. E0o4os
DATE: Octw 6# 19d
MATTER Oc: McDonald and Mceoore Enterpricca, Inc.
DIGEBT:
1. One who offers a vessel for charter is bound to furnish one
that is seaworthy and tf no express warranty of seavorthiness
is coatainAd in the charter party, the Law will imply one.
2. -Absence of radar or loran wil' not make a vessel unmea-
vurthy; however, lack (if a radio and navigational equipment
will,
3. Evidence indicates vsse.t ws unseavoithy and if sarious,
the charterer may treat the contract a. discharged even
after contract has been partially perfnrme6.
4. Oral contracts for Goverkmant charterjs uch as yas entered
into here have been declared ukenforceurle because of a
statute requiring that all Government contracts be in
writing.
5. Go#rniment will pay claimart on antum meiuit and quantum
viiebat basis but it must be shomA that Government ha-
received a benefit and the unauthorized goods or services
were expressly or legally ratified by authorized Government
officials.
6. Govern ent did not receive a
to-go from Pago Pago to Rose
and trip was aborted because
fault of the Government.
benefit where sole purpose was
Island on official business
of unseavorthiness not the
: 'John R. O'G%,,T an authorized certifying officer of the
itided States Depaitmten of the tnterior (Interior), has requested
ani advani decision on the propriety of erifying a voucher for
payant-ofU$1,500. The voucher was presented by McD nald and
McMoore Enterprices [sic], I'nc. (McDonald), for payment of
transportation chaties for a charter trip from Pago Pago, Amarican
Samoa, to Rose Island in the Pacific ocean.
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FILE: V-192003
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