The Texas Company v. State of Illinois — 8 Ill. Ct. Cl. 168

THE TEXAS COMPANY, ADELAWARE CORP., Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant sought payment for merchandise sold and delivered to the State from January 1 to June 30, 1933. The court awarded the full amount because the claim was legal and the appropriation had lapsed.

Claim type: Lapsed Appropriation

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

Headnotes

SUPPLIES-when award may be made for. Where fact is undisputed that State received supplies, as ordered by it, and that bill therefor was not presented for payment before lapse of appropriation out of which it could be paid, an award for amount due will be made.

JAMES T. NELSON AND DOYLE, SAMPSON & GRIFFIS, for claimant. UNION CENTRAL LIFE INSURANCE COMPANY v. 169 STATE OF ILLINOIS. OTTO KERNER, Attorney General; JOHN KASSERMAN, Assistant Attorney General, for respondent.

MR. JUSTICE YANTIS delivered the opinion of the court:

Claim is herein made for One Hundred Ninety-nine and 46/100 Dollars ($199.46) for merchandise set forth in the bill of particulars claimed to have been sold and delivered to the State of Illinois from January 1, 1933 to June 30, 1933, for which a bill was presented to the Department of Public Works and Buildings November 18, 1933. There seems to be no conflict of law or facts involved and the claim seems to have remained unpaid because of the legislative appropriation out of which same might have been payable lapsed on October 1, 1933.

The supplies having been sold, delivered and used by the State and the claim seeming to be legal in every respect and an award having been recommended by the department to which such supplies were furnished, an award is therefore made in the sum of One Hundred Ninety-nine and 46/100 Dollars ($199.46).