YOURTEE-ROBERTS SAND Co., Claimant, QS. STATE O FILLINOIS, Fkspondent.
Case summary
Claimant delivered sand for road maintenance to the State, but the appropriation lapsed before payment. The court awarded $10.80, following precedent that awards are made when sufficient funds existed at the time expenses were incurred.
Cases cited: Rock Island Sand & Gravel Co. vs. State, 8 C. C. R. 165; Oak Park Hospital vs. State, 11 C. C. R. 219
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Headnotes
- SumnEs-lapse of appropriation before pavment-suflcient unexpended balance in- - when award m y be made for value of. This court has repeatedly held that where materials or supplies have been p r o p erly furnished to the State, on its order, and received by it and claimant submits a bill in the correct amount therefor within a reasonable time, and due to no fault or negligence on his part, same is not approved and vouchered for payment before lapse of appropriation from which it is payable, a n sward may be made for the value thereof, where at the time same was furnished there was sufficient funds remaining therein to pay same.
[*125] The above named claimant is a corporation, main offices are at Chester, Illinois.
On the 9th day of October, 1942, it delivered material consisting of sand for road maintenanTe, to the State of Illinois, Division of Highways, District #9, Carbondale, Illinois, amounting to the sum of $10.80.
This account was presented to the Division of Highways at Carbondale, in January, 1944, was not paid, but was returned to the corporation with an explanation that the appropriation from which it was to have been paid had lapsed. The reasonableness of the claim is not questioned by the respondent.
This Court has repeatedly held that where materials or supplies have been properly furnished to the State, and a bill therefor has been submitted within a reasonable time, but the same was not approved and vouchered for payment before the lapse of the appropriation from which it is payable an award for the reasonable value of
supplies will be made, where, at the time the expenses were incurred there were s a c i e n t funds remaining unexpended in the appropriation to pay for the same.
Rock Islamd Smd & Gravel Co. vs. State, 8 C. C. R. 165; Oak Park Hospital vs. State, 11C. C. R. 219.
This case comes within the rule above set forth, an award is therefore entered in favor of claimant for the
sum of $10.80..