Illinois Court of Claims Opinions
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Stelzer & Case Co. v. State of Illinois

8 Ill. Ct. Cl. 722 Illinois Court of Claims Filed 1935-06-01 No. 2327
Disposition: (No. 2327 Claimant awarded $69.30.) Award: $69.30 Agency: Anna State Hospital
Cite as: Stelzer & Case Co. v. State of Illinois, 8 Ill. Ct. Cl. 722 (1935)
Legacy General 8 awarded 1930s Stelzer & Case Co. v. State of Illinois 8 Ill. Ct. Cl. 722 1935-06-01 (No. 2327 Claimant awarded $69.30.) /opinions/v08-p0712-1/

STELZER & CASE CO., INC., Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $69.30 for hospital supplies furnished to Anna State Hospital. The court awarded the full amount because the facts were undisputed and the bill was not presented before the appropriation lapsed.

Claim type: Lapsed Appropriation

Cases cited: Shell Petroleum Co. vs. State, 7 C. C. R. 224; Franklin County Coal Co. vs. State, 7 C. C. R. 114; H. Channon Co. vs. State, 7 C. C. R. 97

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Headnotes

  1. STIPULATION - vel non award may be made for. The facts in this case are similar to those in Armour & Company vs. State, No. 2520, ante, and the opinion in that case is applicable here.

Claimant filed its claim with the Clerk of this Court on February 15, 1934 for the sum of $69.30, and alleges that on December 19, 1930, the State became indebted to it in the sum just mentioned, and claimant filed a Bill of Particulars showing goods purchased from it, and avers that it never paid for the same, and that the goods furnished were hospital supplies that were furnished to the Anna State Hospital.

No question arises as to the facts, and we have heretofore held that "where the facts are 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."

Shell Petroleum Co. vs. State, 7 C. C. R. 224.

Franklin County Coal Co. vs. State, 7 C. C. R. 114.

H. Channon Co. vs. State, 7 C. C. R. 97.

We, therefore, make an award in the sum of $69.30 in full payment of the above claim.

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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