BRADLEY SUPPLY Co., ACORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent. Opinion fled May 11, 1954.
Case summary
Claimant sought $131.28 for plumbing and heating supplies furnished to the Illinois Coal Products Commission in March 1952. The court denied the claim because the complaint was filed more than two years after the cause of action accrued, exceeding the statutory limitation period.
Statutes cited: Chap. 37, Sec. 439.22, Ill. Rev. Stats.
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Headnotes
- JURISDICTION-~imZtU~iO~S. Where complaint was filed more than two years after claim accrued, case will be dismissed pursuant to Sec. 22 of the Court of Claims Act.
This case is before us on respondent’s motion to strike and dismiss claimant’s cornplaint, which ~17asfiled on March 31, 1954.
Claimant seeks in this case to recover the amount of $131.28 for various plumbing and heating supplies furiiished to the Illinois Coal Products Commission of the State of Illinois on the 17th and 18th day of March, 1952. It is alleged in the complaint that iiivoices mere submitted to respondent, but no payment was made.
Respondent contends that pursuant to Chap. 37, See. 439.22, Ill. Rev. Stats., claimant’s cause of action here involved is barred, inasmuch as the complaint was filed more than two years after the supplies mere furnished respondent. Claimant has filed no objection to respondent’s motion.
Claimant’s cause of action for payment first accrued upon the dates such supplies were furnished to respondeat, said dates being March 17 and 18, 1952. The complaint was not filed until March 31, 1954, being0 more than two years after the cause of action first accrued. This Court, is limited in its jurisdiction, in coilsidering claims, to those that are filed within two years after they first accrue. Therefore, the claims asserted herein by claimant are barred, and the motion of respondent to strike and dismiss the complaint is allowed.