W. M. Welch Mfg. Co. v. State of Illinois — 6 Ill. Ct. Cl. 551

W. M. WELCH MANUFACTURING COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant contracted to furnish labor and materials for laboratory equipment at Illinois State Normal University. The contract was completed but funds lapsed before payment. The Attorney General admitted the claim was just and recommended allowance, and the court awarded $14,212.00.

Claim type: Contract

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

Headnotes

CONTRACT-when award will be made for labor and material furnished

CONTRACT-when award will be made for labor and material furnished to the State. Where it appears that claimant completed its contract with the State according to plans and specifications and no fund existed out of which claimant could be paid by reason of such fund having lapsed into the State Treasury prior to the time of the completion of the contract, and the failure of the Legislature to provide an appropriation for such purpose, an award will be made to cover the contract price for such labor and material furnished. CATTELL & WALDRON, for claimant. OSCAR E. CARLSTROM, Attorney General; CARL I. DIETZ, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

Claimant, on the 28th day of June, 1929, entered into a contract with the State with its legal representatives for the sale of certain labor and materials used in the finishing, erecting and completion of laboratory equipment for a science building at the Illinois State Normal University at Normal, Illinois. Claimant did, on the 20th day of April, 1930, complete said contract according to the plans and specifications.

On June 28, 1929, there was an unexpended balance remaining in the revolving fund for State universities for $46,068.62 appropriated by the 56th General Assembly out of which this claim could have been paid if the contract had been completed.

The 56th General Assembly failed to reappropriate any fund to take care of claimant's uncompleted contract, and the unexpended balance of $18,430.45 lapsed into the State Treasury on September 30th, 1930, and when the claimant's contract was completed in April, 1930, there were no funds out of which this claim could be paid.

It is admitted by the Attorney General for the State that claimant furnished the material and did the work according to the contract and the plans and specifications and that the claim is a just claim against the State and recommends that the same be allowed in the sum of $14,212.00.

On the recommendation of the Attorney General an award is allowed in the sum of $14,212.00.