CITY OF HIGH WOOD, AMUNICIPAL CORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for maintenance services under a contract with the state. The court awarded $234.75 because the contract was properly entered, services performed, charges proper, and funds available.
Cases cited: Gilbert-Hodgman, Im., a Corporatiow, vs. Xtate of IZZilzois, 24 C.C.R. 509
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Headnotes
- CONTRACTS-k4pSed 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, City of Highwood, seeks payment of $234.75 for services rendered under a contract with the State of Illinois, Department of Public Works and Buildings, Division of Highways. The agreement in which respondent undertook to pay to claimant for maintenance of city streets provided for repairs, snow removal, and all other items of maintenance expense except street [*270] cleaning. Pursuant to said agreement, claimant presented statements of account in the sum requested, but was refused because of the closing of the Biennium Appropriation. The parties have stipulated that the sum requested is lawfully due claimant.
Where a contract with the State har; been (1)properly entered into ; (2) services satisfactorily performed, and materials furnished in accordance with such contract; (3) proper charges made therefor; and, (4) adequate funds were available at the time the contract was entered into, this Court will enter an award for the amount due. Gilbert-Hodgman, Im., a Corporatiow, vs.
Xtate of IZZilzois, 24 C.C.R. 509. It appears that all the requirements have been met in the instant case.
Claimant is hereby awarded the sum of $234.75.