Tom C. Clark

“ To hold the Anti-Assignment Act inapplicable because an assignment has been executed under a 'mutual mistake of law' would require an inquiry into the state of mind of all parties to a challenged assignment, and would reward those who are ignorant of a statute which has been on the books for nearly a century. ”

“ Since only a court can give the binding adjudication of the rights of all parties to the transaction-United States, assignor, and assignee-which it is claimed prevents any possible prejudice to the Government, the courts would be applying a laxer rule under the statute than would the accounting officers. ”

“ There can be no doubt that in the present case the assignment was voluntary. The Boshamers were free to sell their land as well as their damage claim to whomever they pleased, or, had they chosen, they could have sold the land and the claim separately. The voluntary nature of the assignment is reflected in the fact that one of the respondents testified on cross-examination that he understood that he was 'buying a claim against the Government.' [10]
That an assignment is voluntary is not an end to the matter, however. ”