Edwin E. Lawrence, Carolee Lawrence v. United States of America, United States of America, as Trustee, Flora Cruz, Austin Cruz

The subject of this litigation is trust patent Indian land. The defendant, Flora Cruz, is the Indian allottee. As to this land the United States is, of course, the trustee for Flora Cruz.

In what might be called the first count (there is no separate statement in the complaint) plaintiffs pray for the specific performance of an oral contract to enter into a long-term lease. The specific performance action is directed to Flora Cruz and the United States as her trustee. Plaintiffs seek damages from Flora Cruz in the sum of one hundred thousand dollars if specific performance is granted, and one million dollars if it is not.

In what we denominate the second count plaintiffs rely upon the Federal Tort Claims Act seeking damages against the United States because of the negligent refusal of employees of the Ünited States to execute permits which would permit the plaintiffs to occupy a portion of the land described in the specific performance count.

The district court sustained a motion to dismiss the amended complaint; the judgment of dismissal followed. We affirm.

The action against Flora Cruz and the United States as trustee fails because the contract sought to be enforced…