Goodyear Tire & Rubber Co. v. United States, 276 U.S. 287 (1928)
U.S. Supreme CourtGoodyear Tire & Rubber Co. v. United States, 276 U.S. 287 (1928)
Goodyear Tire & Rubber Co. v. United States
Argued January 10, 1928
Decided March 12, 1928
276 U.S. 287
1. A lease to the United States for a term of years, made without any specific authority of law and entered into when there was no appropriation available for the. payment of rent after the first fiscal year, does not bind the government after that year. Rev.Stats. §§ 3732, 3679. Leiter v. United States, 271 U. S. 204. P. 276 U. S. 291.
2. To make such a lease binding for any subsequent year, it is necessary not only that an appropriation be made available for the payment of the rent, but that the government, by its duly authorized officers, affirmatively continue the lease for such subsequent year, thereby, in effect, by the adoption of the original lease, making a new lease under the authority of such appropriation for the subsequent year. P. 276 U. S. 292.
3. Holding over by government officials after the fiscal year, accompanied by a manifestation of their intention not to bind the United States to pay rent beyond the period of actual occupancy, will not work a renewal for the whole of the ensuing fiscal year even where there is an appropriation covering rent for that year, and although, under the state law a private lessee holding over would be bound to a year's renewal by legal implication, regardless of his intention. P. 276 U. S. 292.
4. The right to sue the United States under the Tucker Act on a claim founded on contract, must rest upon an express contract or one implied in fact; the Act gives no right of action in a case where, if the transaction were between private parties, a recovery could be had upon a contract implied in law. P. 276 U. S. 293.
62 Ct.Cls. 370, affirmed.
Certiorari, 273 U.S. 692, to a judgment of the Court of Claims dismissing on demurrer a suit to recover rent.