Schlingman v. United States

CURTIS, District Judge.

This cause was submitted to the court pursuant to stipulation of the parties upon the limited issue of whether a tender of payment by the Government of the full amount demanded by an administrative claim for damages under the Federal Tort Claims Act constituted an estoppel, bar or release where, by inadvertence, the claim purports to be for a much smaller sum than the petitioner intended to demand.

It appears from the stipulated facts that the plaintiff’s Federal Tort Claim arose out of an accident occurring November 12, 1960. On October 27, 1961, plaintiff executed an…