Illinois Court of Claims Opinions
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Armour & Co. of Delaware v. State of Illinois

6 Ill. Ct. Cl. 119 Illinois Court of Claims Filed 1928-12-06 No. 1376
Disposition: (No. 1376-Claimant awarded $37.10.) Award: $37.10 Agency: Department of Public Welfare
Cite as: Armour & Co. of Delaware v. State of Illinois, 6 Ill. Ct. Cl. 119 (1928)

ARMOUR AND COMPANY OF DELAWARE, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sold and delivered soap to the Department of Public Welfare, but payment was not made due to a comptroller error. The court found the claim just and recommended an award of $37.10.

Claim type: Contract

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. CONTRACTS-when award will be made for supplies furnished to a State OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

CONTRACTS-when award will be made for supplies furnished to a State Department. Where it appears that itemized invoices were not presented for payment during the period specified by the appropriation covering the same, an award will be made for supplies furnished to a State Department. HARRY B. BOBO, JR., for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEAch delivered the opinion of the court:

A declaration filed in this case shows that Armour and Company of Delaware, a Delaware corporation, sold and delivered to the Department of Public Welfare of the State of Illinois, one barrel of Green Hospital Soap, weighing net, 434 lbs., at a price of 8 3/4¢ per lb., or a total of $37.10; that the said shipment was delivered on the same day as ordered, i. e., the 14th day of May, 1925, and was in accordance with order No. 84276-A of said State Department.

Claimant further states that the amount of $37.10 has never been received by it or its agents.

The Attorney General of the State of Illinois files a statement with letter attached, from Hon. R. W. Ide, Director of the Department of Public Welfare in which the statement is made: "Our storekeeper reports the receipt of merchandise described in claim submitted by the above company.

This account was not taken care of, inasmuch as the comptroller failed to present itemized invoices in triplicate, during the period specified by appropriation governing same." [*120]

There appears to be no question that this is a just claim and that the amount has never been paid to claimant.

We, therefore, recommend that an award be made to claimant in the sum of $37.10.

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