Illinois Court of Claims Opinions
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Pester v. State of Illinois

8 Ill. Ct. Cl. 598 Illinois Court of Claims Filed 1935-05-31 No. 2661
Disposition: (No. 2661-Claimant awarded $10.40.) Award: $10.40
Cite as: Pester v. State of Illinois, 8 Ill. Ct. Cl. 598 (1935)
Legacy General 8 awarded 1930s Pester v. State of Illinois 8 Ill. Ct. Cl. 598 1935-05-31 (No. 2661-Claimant awarded $10.40.) /opinions/v08-p0588-1/

W. H. PESTER, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment for blacksmith work performed in 1931-1932 at the request of State Highway Maintenance men. The court awarded $10.40 because the State received the labor and the bill was presented after the appropriation lapsed, citing Shell Petroleum Corp. v. State.

Claim type: Lapsed Appropriation

Cases cited: Shell Petroleum Corp. vs. State 7 C. C. R. 224

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

Headnotes

  1. SERVICES-when award made for. Where it appears that claimant tendered services at the request of State officer, which were accepted by the State, and that bill therefor was not presented for payment before lapse of appropriation out of which it could be paid, an award for the amount due may be made.

Claimant operates a blacksmith shop at Grays Lake, Illinois. The claim herein filed is for Ten and 40/100 Dollars ($10.40) for work done by him in 1931 and 1932 at the request of State Highway Maintenance men working under the direction of the Elgin office. C. W. Ross, Assistant Engineer of Maintenance, in a report dated May 7, 1935 states:

"The items listed in this declaration were incurred by maintenance patrolmen who were replaced in February, 1933. We had no knowledge of these bills until after the close of the biennium ending June 30, 1933-it is our opinion the claim should be paid."

"Where the facts are undisputed that the State received supplies or labor-legally ordered by it and the bill therefor has not been presented for payment until after the lapse of the appropriation out of which such payment could have been made, an award for the amount due is proper."

Shell Petroleum Corp. vs. State 7 C. C. R. 224.

An award is hereby allowed in favor of claimant in the sum of Ten and 40/100 Dollars ($10.40).

Official volume 8 (Containing cases in which opinions were filed between July 1, 1933–June 30, 1935, and advisory Opinions furnished University of Illinois)  ·  All opinions in this volume  ·  Also on CourtListener

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