Francis ex rel. Myrick v. United States

Citations

• 11 Ct. Cl. 638

Syllabus

<p>Francis enters into a contract with a, quartermaster for the sale and delivery of 1,000 cords of wood. He then malees a power of attorney irrevocable, authorizing Myrick to receive and sign all vouchers and draw the money thereon. Myrick performs all the work, delivers the wood, receives payments, and gives receipts, “ as the attorney in fact” of Francis. Subsequently Francis, in consideration of money advanced, labor performed, S>-c., transfers the claim to Mm, and authorizes him to bring this action in his (Francis’s) name. He brings the suit for damages caused by the defendants’ officers during theper-fcrrmance of the contract. The defendants, among other things, plead the annulment of the contract under the statute by reason of its transfer in fact to Myrick.</p> <p>I. The purpose of the Act 17th July, 1862, (12 Stat. L., 596, § 14; Rev. Stat., § 3737) prohibiting the transfer of Government contracts, was to secure to the Government the personal attention and services of the contractor and to render him liable to punishment in certain cases under § 16 of the same act.</p> <p>II. No technical, formal, or written transfer of a Government contract by the contractor is necessary to bring the case within the imohibition of the Act 17th July, 1862, (12 Stat. L., p. 596, § 14; Rev. Stat., § 3737.) It is sufficient to annul the contract that the facts disclose a substantial transfer of it or of an interest therein by whatever means attempted, or however much disguised; ex gr.: where the contractor made a power of attorney authorizing another to receive and collect the vouchers, and to receive and receipt for payments, and the nominal agent performed and subsequently procured an assignment of the nominal contractor’s claim, with authority to bring suit in his name, held that the contract was thereby annulled and that no suit could be maintained on it.</p>