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B-198515 1 (1981-06-23)

handle is hein.gao/gaobadjmp0001 and id is 1 raw text is: 





                    DECISI-N  ' \  THE COMPTROLLER GENERAL
                    DECIS-.I  OF THE UNITED        STATES
                          >''.,/ WASHINGTON, 0. C. 20548




      FILE:       B-198515          DATE:     June 23, 1981

      MATTER OF:      Plum Creek Lumber Company


      DIGEST:

      1. Timber sale contract will not be reformed on
          basis of mutual mistake where no showing is
          made that written contract did not represent
          full agreement of parties.

      2. Written contract Addendum executed under timber
          sale contract will not be reformed or rescinded
          where parties improperly interpreted terms of
          sale contract when agreeing to Addendum since
          mistake of law in interpreting terms of con-
          tract, in the absence of Government misrepre-
          sentation, does not provide basis for relief.


          Plum Creek Lumber Company requests reformation of
      a timber sale contract entitled the Ball Branch Sale,
      contract No. 01775-4 or reformation or rescission of
      a modification to that contract dated October 22, 1974,
      to permit the cancellation of Plum Creek's obligation
      to cut and remove pulp wood.

           On September 30, 1974, Plum Creek was awarded the
      Ball Branch Sale, to cut and remove timber in Spotted
      Bear Ranger District, Flathead National Forest, Montana.
      Plum Creek also held timber sale contracts in the Lower
      Sullivan and Taylor Elam areas in the same forest. By
      letter of October 11, 1974, Plum Creek requested author-
      ity to cut and remove pulp logs under clause B3.41 of
      each of the three contracts, including Ball Branch. Sec-
      tion A2 of the contracts sets out the type of timber




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