Schlingman

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 administrative claim for $235, which was mailed to the administrative agency November 6, 1961. On November 2, 1961, plaintiff filed her complaint herein demanding damages in the sum of $25,000, plus medical and other expenses. On January 10, 1962, administrative claim was approved and settlement warrant for $235 was mailed to the plaintiff. On January 15 plaintiff refused to accept it and returned the warrant to the adminstrative agency. On February 18, 1962, the parties stipulated

Thereafter on March 5, petitioner’s attorney filed an affidavit alleging that by inadvertence an administrative claim had been made…