Herscuet L. Suntey, Claimant, v. Stare or Intinots, Respondent.
Headnotes
- Conrracts-lapsed appropriation. Where evidence showed that the only reason claim was not paid was due to the fact that, prior to the time a statement was presented, the appropriation lapsed, an award will be made.
Claimant, Herschel L. Sunley, seeks to recover the sum of $2,844.00 for constructing two wash racks at the Illinois State Fair Grounds in Springfield, Illinois.
The Departmental Report of the Department of Agriculture, submitted by Louis London, Assistant State Fair Manager, states in part as follows:
amon County, Illinois.
, loyed by the Department of Agriculture, Division of Illinois State during the aS of May, June and July, 1960 to Beton ves duties of contracting work, and to fumish certain maJ: Ralph Peak, who was G Mr. Sunley to Jue a ne Rabe and mat tk, and turn pted by the I done on these two wash rac Sunley, who was the only of the parti ed that he presented t for the c on of w: and materials in the amount of $1 y for work and materials in the amount ree of such proy vere received in “The en using the was!
ted that he has been paid nothing for the work, [*437] and that $1,478.00 and $1,366.00, respectively, are due him for the two jobs. The jobs were completed about August 1, 1960. Mr. Sunley testified that a bill submitted shortly thereafter was not paid.
Since there appears to be no dispute concerning the fact that claimant was engaged to construct the two wash racks, and that the work was performed satisfactorily, claimant is hereby awarded the sum of $2,844.00.