SALES, INC., ACORPORATION, Claimant, v. STATE THERMO-FAX OF ILLINOIS, Respondent.
Case summary
Claimant sold Thermo-Fax copy paper to the Illinois Public Aid Commission in 1962 for $303.66, but the appropriation lapsed before payment could be made. The court awarded the full amount because the only reason for non-payment was the lapse of the appropriation.
Cases cited: Thompson vs. State of Illinois, 24 C.C.R. 487
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Headnotes
- CoNTucrs-kzpsed 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 sold to the Illinois Public Aid Commission during the months of March, June, and December, 1962, Thermo-Fax copy paper in the amount of $303.66. Because of the lapse of the appropriation from which said expenses could have been paid, claimant has now filed its claim in this Court for reimbursement.
The report of the Department of Public Aid, signed by Gershom Hunvitz, Assistant to the Director, acknowledges that the supplies were purchased, and that “claimant is justly entitled to $303.66,” and, further, that “the bills were presented after the close of the biennium, which was too late for payment.”
A written stipulation was entered into between claimant and respondent, by their respective attorneys, which, in part, is as follows:
“Neither party objects to the entry of an order in favor of claimant, and against respondent, in the sum of $303.66.”
This Court has held in numercus decisions that where the evidence shows that the only reason the claim was not paid was due to the fact that, prior to the time that a statement was presented, the appropriation lapsed, an award [*195] will be made. Thompson vs. State of Illinois, 24 C.C.R. 487.
Claimant, Thenno-Fax Sales, Inc., A Corporation, is, therefore, hereby awarded the sum of $303.66.