PEORIA BLUE PRINT AND PHOTOPRESS COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent. . Opinzon filed February IO, 1942.
Case summary
Claimant sought payment for blueprints and prints furnished to the Division of Highways. The court awarded $11.43 because the materials were properly ordered and delivered while funds were available, and non-payment was due solely to the lapse of the appropriation.
Cases cited: Rock Island Sand & Gravel Co. vs. State, 8 C. C. R., 165; Elgin, Joliet, and Eastern R. R. Co., vs. State of Illinois, 10 C. C. R., 243
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- SuPpmEs-lapse of approprzatim out of whach could be paid - before presentment of bill-suficient unexpended balance i w w a r d for may be made. Where it clearly appears that claimant furnished supplies to State, and submitted a bill therefor in correct amount, within a reasonable time, and due to no fault or negligence of claimant, same is not approved and vouchered for payment before lapse of appropriation from which payable, a n award may be made for amount due, where there is sufficient unexpended balance in said appropriation to pay same.
From the stipulation of facts herein it appears that claimant seeks an award in the sum of $11.43, for blue prints, blue line and black line prints, as enumerated in claimant’s bill of particulars, furnished during the month of December, 1940, and June, 1941, respectively, to the Division of Highways of the State of Illinois, which were accepted and used - by said Division.
It appears from the report of the Division of Highways that the invoices were submitted to the Division for payment after September 30, 1941, at which time the appropriation had lapsed, out of which the same, if properly contracted, by a person authorized, could have been paid.
It appears from the file that such materials were furnished by the claimant, that they were as represented, that the prices charged were as previously agreed upon, and that they were furnished at the request of said Divislon of Highways. That at the time of the purchase and delivery of said articles an appropriation did exist and funds were available from which the invoices could have been paid, but the appropriation lapsed on September 30, 1941, indicating that all the necessary requisites were present including the ordering or authorization of such materials by a proper person, and that the only reason that such invoices were not paid was the lapse of the appropriation.
[*76] This case falls within the ruling heretofore made in the case of Rock Islam! Sand & Gravel Co. vs. State, 8 C. C. R., 165, and similar cases wherein the court has held
“Where claimant has rendered services or furnished supplies to the Stace on orders from an official authorized to contract for same and submits a bill therefor within a reasonable time, and has not received payment therefor, and such non-payment is due to no negligence or fault on the part of claimant, an award for the reasonable and customary value of such service will be made if, at the time the obligation was incurred, there were sufficient funds remaining unexpended in the appropriation to pay the same.”
Elgin, Joliet, and Eastem. R. R. Go., vs. State of Illinois, 10 C. C. R.,
243.
It appears from the evidence that at the time of the purchase of the above mentioned articles, and delivery to, and acceptance of same, by the Division of Highways sufficient funds remained unexpended in the appropriation to pay for same, and claimant is therefore entitled to be reimbursed for these articles.
An award is hereby allowed in favor of claimant in the sum of ‘$11.43.