United States, U. United States. 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.
Leiter v. 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.
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.
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.
Certiorari, U. Get free summaries of new U. Supreme Court opinions delivered to your inbox! Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes. Syllabus U. United States No. Page U. The Goodyear Company brought this action under the Tucker Act [ Footnote 1 ] to recover rent claimed under a lease to the United States. The petition was dismissed on demurrer for failure to state a cause of action.
