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Prothero & Willis v. State of Illinois

11 Ill. Ct. Cl. 402 Illinois Court of Claims Filed 1941-02-11 No. 3570
Disposition: (No. 3570-Claimant awarded $35.50.) Award: $35.50 Agency: Illinois Soldiers & Sailors' Children's School
Cite as: Prothero & Willis v. State of Illinois, 11 Ill. Ct. Cl. 402 (1941)
Legacy General 11 awarded 1940s Prothero & Willis v. State of Illinois 11 Ill. Ct. Cl. 402 1941-02-11 (No. 3570-Claimant awarded $35.50.) /opinions/v11-p0421-1/

PROTHERO & WILLIS, Claimants, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought $35.50 for use of a tractor and truck to move donated shrubbery to the Illinois Soldiers & Sailors' Children's School. The court awarded the full amount because the services were rendered, approved by the managing officer, and the claim was reasonable, despite the appropriation having lapsed.

Claim type: Lapsed Appropriation

Cases cited: Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Wabash Telephone Co. vs. State, 10 C. C. R. 211

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

Headnotes

  1. SUPPLIES, SERVICES-lapse of appropriation out of which could be paidbefore presentment of bill-when award may be made for amount due. Where it clearly appears that State used equipment and accepted services of claimants in furnishing same, and that bill therefor was not presented before lapse of appropriation out of which it could be paid, due to no negligence on their part, an award may be made for the reasonable value thereof, on claim filed within a reasonable time.

Claimants ask for an award in the amount of Thirty-five Dollars and Fifty Cents ($35.50) for eight and one-half hours' use of tractor at Three Dollars ($3.00) per hour, and five hours' use of truck at Two Dollars ($2.00) per hour, in connection with the removal to the grounds of the Illinois Soldiers & Sailors' Children's School at Normal, Illinois, of certain shrubbery and nursery stock which had been donated to the institution. The tractor was used on May 6, 1939 and the truck on May 12, 1939, but the bill for the use thereof was not presented to the institution until a year later, at which time payment could not be made by the institution authorities for the reason that the appropriation out of which the same was payable lapsed September 30, 1939.

The record does not indicate who ordered the hiring of the tractor and truck, but apparently the same were used with the approval of the Managing Officer of the institution.

There is no question but what the services were rendered as claimed; that the same were approved by the Managing Officer of the institution; that the amount of the claim is reasonable; and that there has been no unreasonable delay on the part of the claimant in presenting its claim.

We have held in numerous cases that under such circumstances the claimant is entitled to an award. Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motor[*403]cycle Co. vs. State, 9 C. C. R. 526; Wabash Telephone Co. vs.

State, 10 C. C. R. 211.

Award is therefore entered in favor of the claimant, Prothero and Willis, for the sum of Thirty-five Dollars and Fifty Cents ($35.50).

Official volume 11 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1939–June 30, 1941, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  All opinions in this volume  ·  Also on CourtListener

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