W. Q. O'NEALL COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought payment for materials purchased by the Division of Highways, but the bill was not presented before the appropriation lapsed. The court awarded the amount due because the State received the goods and the claim was just.

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 facts are 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 may be made, on claim filed within a reasonable time.

W. Q. O'NEALL COMPANY, pro se. OTTO KERNER, Attorney General; JOHN KASSERMAN, Assistant Attorney General, for respondent.

MR. JUSTICE LINSCOrr delivered the opinion of the court:

This claim was filed on December 31, 1934, for the sum of $41.19, and was for material purchased by Division of Highways, purchase order D-36550 and requisition MQ-163. The department advises this is a just claim, and the goods were received. [*211]

We have heretofore held that where the facts were undisputed, that the State received supplies as ordered by it and that the bill therefor was not presented for payment before the lapse of the appropriation out of which it could be paid, an award for the amount due will be made.

The Attorney General states that this falls within that rule and he makes no objection to payment.

We, therefore, make an award in the sum of $41.19 for the claimant.