PHILLIPS PETROLEUM COMPANY, ACORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $159.95 for gasoline and oil sold to the state under a contract, but payment was refused because the appropriation lapsed. The court awarded the principal amount but denied interest, finding claimant's delay in presenting the claim was negligent.

Claim type: Contract

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

Headnotes

SUPPLIES-when award will be made for. Where it appears 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.
SAME-interest-when claim for denied. Where failure to receive payment for supplies sold State is due to negligence of claimant in failing to present bill before lapse of appropriation out of which it could be paid, no liability exists on the part of the State for interest.

CECIL HUNT, for claimant. OTTO KERNER, Attorney General; JOHN KASSERMAN, Assistant Attorney General, for respondent.

MR. CHIEF JUSTICE HOLLERICH delivered the opinion of the court:

Claimant seeks to recover the sum of One Hundred Fiftynine Dollars and Ninety-five Cents ($159.95), together with interest thereon from October 1, 1933, at the rate of six per cent (6%) per annum, for gasoline and oil sold and delivered by it to the respondent during the period from July 6, 1932, to July 1, 1933, pursuant to the terms of a contract in writing dated the 6th day of July, A. D. 1932.

The claim was presented for payment to the Division of Highways on October 1, 1933, but payment was refused on [*199] account of the fact that the appropriation had lapsed on September 30, 1933.

It appears from the report of Mr. Ernest Lieberman, Chief Highway Engineer, that the invoices upon which the claim is based are outstanding and unpaid. The claim should therefore be allowed, except as to the item of interest, which is disallowed. Had claimant presented its claim at any time between July 1, 1933, and September 30, 1933, payment would have been made upon presentation. The failure to receive payment was due to the negligence of the claimant and under the facts there is no liability on the part of the State so far as the item of interest is concerned.

Award is therefore entered in favor of the claimant for the sum of One Hundred Fifty-nine Dollars and Ninety-five Cents ($159.95).