White House Press Release, Message of President Harry S. Truman to the United States House of Representatives
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HOLD FOR RELEASE
HOLD FOR RELEASE
HOLD FOR RELEASE
JUNE 14, 1948
CONFIDENTIAL.
To be held in STRICT CONFIDENCE and no portion
synopsis or intimation to be given out or published until the
READING of the President's Message has begun in the House of
Representatives. Extreme care must therefore be exercised to
avoid premature publication.
CHARLES G. ROSS
Secretary to the President
TO THE HOUSE OF REPRESENTATIVES:
I return herewith, without my approval, the enrolled bill
(H. R. 1508). "For the relief of Mrs. Lula Wilson Nevers."
The bill directs the payment of the sum of $10,100.43 to
Mrs. Lula Wilson Nevers, of Mount Pleasant, Iowa, in full settlement
of all claims against the United States arising out of a rental agree-
ment entered into by her with the Iowa ordnance plant and the Kansas
ordnance plant of the War Department, for the rental of one crawler
crane.
It appears that Mrs. Nevers entered into equipment rental
agreement No. 75 for the lease of one Linkbelt crawler crane, Model K-44
(1933), to A. Guthrie and Company, Incorporated, a Minnesota corporation,
and Al Johnson Construction Company, a Delaware corporation, co-adventurers
and prime contractors for the United States, under Government contract No.
W 6978 qm-1, for the construction of the Iowa ordnance plant near Burling-
ton, Iowa. The lease provided for the payment of a rental of $600 per
month, placed a valuation of $20,000 on the equipment leased, and con-
tained a recapture clause providing that when the total amount of rental
paid by the lessee should equal the value of the equipment, plus one per-
cent each month of rental, the title to the equipment should be vested in
the Government. The lease further provided that all necessary repairs to
the equipment should be made by the lessee without cost to the lessor.
When the need for the crane at the Iowa ordnance plant was
terminated, Mrs. Nevers was notified promptly and her agent inspected the
crane and requested that the constructing cuartermaster authorize certain
repairs. The agent was notified that such repairs could not be authorized
until the machine had been inspected and a determination made as to its
condition where it was first received. The construction quartemaster
declined to permit the crane to be taken from the premises unless Mrs.
Nevers signed a conditional release of the lessees and the Government
from any claim based on the rental contract in question. Mrs. Nevers
signed such a release and then requested that the crane be shipped to
Parsons, Kansas, where she had been negotiating for a new rental con-
tract of the crane for use on the Kansas ordnance plant. At the time
that the release was executed the Government had a recapture equity in
the crane in the amount of $2,000, which was relinguished by the Govern-
mont in consideration for the release.
When received at Parsons, Kansas, the crane was found to be
not, in good operating condition and Mrs. Nevers was requested to make
the necessary repairs at her own expense prior to the execution of a
now rental agreement. Certain parts were purchased and repairs made,
but upon completion, the crane was still found to be unacceptable and
was finally rejected by the authorities at Parsons. It was necessary
for Mrs. Nevers to remove the crane at her own expense, and it was
released to her upon reimbursement to the Government for the freight
charges entailed in shipping the crane to Parsons.
A claim in the amount of $20,298.67 for rental, repairs, parts
and labor, freight; loss of rental, loss due to forced sale, and other
items, was submitted to the General Accounting Office but was rejected
(OVER)
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