ILLINOIS WHEEL & B n i l ~ cCONPANP, ~ Claimant, v. STATE OF ILLINOIS, Respondent. -0pinzon filed M a y 12, 1.948.
Case summary
Claimant sought $17.09 for merchandise and services furnished to the State on order. The court awarded $14.22 because the items were received and the non-payment was not claimant's fault, as sufficient funds remained in the appropriation at the time of delivery.
Cases cited: Elgin, Joliet and Eastern Railway Company v. State of Illinois, 10 C.C.R. 243
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Headnotes
- SumLIEs-Zapse of appropriation before paynzeni-sziflcie?it zi?zexpeiided
ILLINOIS WHEEL & B n i l ~ cCONPANP, ~ Claimant, vs. STATE OF ILLINOIS, Respondent. -0pinzon filed May 12, 1.948.
[*468] GEORGE F. BARRETT, Attorney General; ROBERT V. OSTROM, Assistant Attorney General, for respondent.
SumLIEs-Zapse of appropriation before paynzeni-sziflcie?it zi?zexpeiided balance tn-when award mag be made for valzce of Where one furnishes merchandise to State on its order for same, and submits 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 it is payable, an award for the price thereof may be made, where at the time merchandise was delivered there were sufficient funds remaining therein to pay same.
J. ECNERT, Claimant seeks an award for $17.09 for the following ifems of merchandise and services furnished respondent : May 6, 1941, 2 Cabriol Shocks, Department of Public Works and Buildings, Division of Highways ........................................ $4.95 July 22, 1941, 2 U. B. Cartridges, Department of Public Works and Buildings, Division of Highways. ................................... 2.87 June 9, 1941, Relining 1 set '37 Chevrolet Truck Shoes, and lining, Department of Public Welfare. .................................... 9.27 It appears from the record that the cartridges received by the Division of.Highways were not as originally ordered.
An exchange of materials was made, the price remaining the same. Invoice was then vouchered for payment, and payment made by the respondent on August 24,1941. The other items were received by respondent, but not paid for.
Claimant submitted statements of its charges within a reasonable time. The non-payment is due to no fault of claimant, and when the charges were incurred there remained a sufficient unexpended balance in the appropriations from which payment could have been made. Claimant is therefore entitled to an award. (Elgbn, Joliet a/nd Eastern Railway Company vs. State of Illimois, 10 C. C. R. 243.)
An award is therefore entered in favor of the claimant in the sum of $14.22.