THE TEXAS COMPANY, ADELAWARE CORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The Texas Company claimed $103.01 for gasoline, kerosene, and other supplies furnished to state agencies. The court found $7.74 barred by limitation and awarded $95.27, citing precedent that awards may be made when the state received supplies but the appropriation lapsed before payment.
Cases cited: Shell Petroleum Co. v. State, 7 C.C.R., 224; Shonkwiier v. State, 11 C.C.R., 602
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Headnotes
- MATERIALS AND SUPPLIES-when claim will be allowed for payment after appropriation has lapsed. Where claimant, a manufacturer and seller of gasoline, oil and grease, produced sales tickets for products, which it had furnished departments of the State of Illinois, but presented them for payment after the appropriation from which these invoices were payable had lapsed, although a sufficient balance remained in the appropriation at the time it lapsed, the claim will be allowed where it was made within a reasonable time.
Claimant, The Texas Company, a corporation, on various dates during periods from April 10, 1947 to June 30, 1947, and from November 4, 1948 to June 30, 1949 furnished gasoline, kerosene, liquid fuels, oils and lubricants, pursuant to purchase orders from the Department of Finance, Division of Purchases and Supplies for the State of Illinois, to the Department of Public Works and Buildings, Department of Conservation, Department of Public Works and Buildings, and Department of Public Safety in the amount of $103.01.
A stipulation was entered into by the parties showing $7.74 was barred by limitation, and a balance of $95.27 is justly due and owing claimant.
Claimant's schedule covering purchases made prior to July 1, 1947 were not received in time to be paid in regular course from the 64th Biennium Appropriations.
Purchases between July 1, 1947 and June 30, 1949, for similar reasons, could not be paid from the 65th Biennium Appropriations, respective appropriations lapsing on September 30, 1947, and September 30, 1949.
By the repeated decisions of this Court, it has been held that where the facts are undisputed that the State has received supplies ordered by it in accordance with due authority, and has used the same, and that the bill therefor was not paid before the lapse of the appropriation out of which it could have been paid, an award for the amount may be made. (Shell Petroleum Co. v. State, [*163] 7 C.C.R., 224; Shonkwiier v. State, 11 C.C.R., 602, and other cases.)
An award is therefore entered in favor of the claimant, and allowed in the amount of $95.27.