NAPERVILLE NURSERIES, INC., Claimant, v. STATE OF ILLINOIS
Case summary
Claimant furnished nursery stock to the Highway Division at the request of a state engineer. The stock was delivered and used, but the invoice could not be paid because the appropriation had lapsed. The court found sufficient funds remained at the time and awarded $797.00.
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Headnotes
- STATEMENT-Lapse of appropriation out of which could be paid-before payout-then award for may be made. The facts in this claim are the same as those in Metropolitan Electrical Supply Company vs. State, No. 3270,
Claimant, an Illinois corporation, at the request of O. J. Schneider, District Landscape Engineer, Division of High[*316]ways, Department of Public Works and Buildings, of the State of Illinois, furnished to the Highway Division at Elgin, Illinois certain nursery stock as shown by itemized statement filed herein. The nursery stock was duly delivered, accepted by the Highway Department and used by it along the highways of the State. Claimant submitted an invoice to the Division of Highways on March 24, 1938 but said invoice was not vouchered for payment, for the reason that on September 30, 1937 the appropriation from which said items were payable had lapsed. It appears that sufficient funds remained in the appropriation at that time from which said account could have been properly paid, and further that the bill submitted for such nursery stock was the customary and reasonable charge therefor. Claimant is legally entitled to payment of the amount of its bill and an award is hereby made in favor of claimant therefor, in the sum of Seven Hundred Ninety seven ($797.00) Dollars.