WABASHRAILROAD COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent. Opinion filed- March IS, 1945. CARLETONS. HADLEYAND .L. H. STRASSER, for claimant.
Case summary
Claimant sought payment for freight charges on two carloads of coal delivered to Chicago State Hospital in December 1942. The court awarded $164.00 because the services were authorized, the bill was timely submitted, and sufficient unexpended appropriation funds existed when the charges were incurred.
Cases cited: Rock Island Sand and Gravel Company vs. State, 8 C. C. R. 165; City of Kankakee vs. State, 12 C. C. R. 393
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- SUPPI,IES-lUpSe of approprzataou before payme?zt-suflcient tunex-
CARLETONS. HADLEYAND .L. H. STRASSER, for claimant.
GEORGE F. BARRETT, Attorney General; C. A RTHUR NEBEL,Assistant Attorney General, for respondent.
SUPPI,IES-lUpSe of approprzataou before payme?zt-suflcient tunexpended halance zn-when award may he made for value of. Where merchandise is sold 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, an award may be made for the value thereof, where at the time same was furnished there were sufficient funds remaining therein to pay same.
J. ECKERT, Claimant is an Ohio corporation, authorized to do business as a common carrier by rail within the State of Illinois. During the month of December, 1942, it transported two cars of bituminous coal, shipped by Silver Creek Coal Company, from Danville, Illinois, to the Chicago State Hospital at Dunning, Illinois. The billing was as follows: 1. Wabash car No. 35772, containing 102,700 pounds of screening coal and forwarded on Wabash Railroad Company’s waybill No. 94, [*139] December 2.4, 1942, rate $1.60 per ton, total charge $82.16. 2. Wabash car No. 35234, containing 102,300 pounds of screening coal and forwarded on Wabash Railroad Company's waybill, No. 109, December 28, 1942, rate of $1.60 per ton, total charge of $81.84.
The aggregate claim of the Wabash Railroad Company is, therefore, the total of these two items, or $164.00. ' The rates and charges assessed against these shipments are in accordance with tariff s lawfully on file with the Illinois Commerce Commission. The cars were received by the Chicago State Hospital; and although the mine charges on the two cars were paid the freight charges were not.
Claimant has performed duly authorized services for the respondent; it submitted its statement of costs and charges to the respondent within a reasonable time and has not received payment ; such non payment is due to no fault on the part of the claimant; when the charge was incurred there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to award. Rock Island Saclzd amd Gravel Cornpamy vs. State, 8 C. C. R. 165; City of Kankakee vs. State, 12 C. C. R. 393.
Award is therefore made in favor of the claimant in the sum of $164.00.