XEROX CORPORATION, Claimant, v. STATE OF ILLINOIS, Re- spondent.
Case summary
Claimant sought $1,800.00 for services rendered to the Division of Highways. The court awarded the amount because the contract was properly entered into, services were performed, funds were available at contract time, and the appropriation had lapsed.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CONTRACTS-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, a n award will be made.
Claimant, Xerox Corporation, filed its complaint against respondent for the sum of $1,800.00 for services rendered the Division of Highways.
A stipulation was subsequently entered into by claimant and respondent as follows :
“That claimant, Xerox Corporation, had completed the services as alleged in claimant’s statement of claim.
“That there is lawfully due claimant the sum of One Thousand Eight Hundred Dollars ($1,800.00).
“That, as a result of delay in billing by claimant herein, payment was not made prior to the closing of the biennium appropriation.
[*230] “That claimant continues to be the sole person interested in this claim, and that no assignment thereof had occur red.
“That upon the foregoing agreed case filed herein the Court shall decide thereon, and render judgment herein according to the rights of the parties in the same manner as if the facts :aforesaid were proved upon the trial of said issue.”
This is a matter of a lapsed appropriation, and this Court has repeatedly held that, where a contract has been (1) properly entered into; ( 2 ) servicc: is satisfactorily performed, and materials furnished in accordance with such contract; ( 3 ) proper charges made therefor; (4) adequate funds were available at the time the contracts were entered into; and, (5) the appropriation for the biennium from which such claim could have been paid had lapsed, it would enter an award for ihe amount due.
Claimant, Xerox Corporation, is, therefore, awarded the sum of $1,800.00.