Illinois Court of Claims Opinions
Lapsed Appropriation
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Hinsdale Sanitarium and Hospital Co. v. State of Illinois

26 Ill. Ct. Cl. 281 Illinois Court of Claims Filed 1969-01-14 No. 5493
Disposition: (No. 5493-Claimant awarded $1,543.74.) Award: $1,543.74 Agency: Department of Public Aid
Cite as: Hinsdale Sanitarium and Hospital Co. v. State of Illinois, 26 Ill. Ct. Cl. 281 (1969)
Lapsed Appropriation 26 awarded 1960s Hinsdale Sanitarium and Hospital Co. v. State of Illinois 26 Ill. Ct. Cl. 281 1969-01-14 (No. 5493-Claimant awarded $1,543.74.) /opinions/v26-p0322-1/

HINSDALE SANITARIUM AND HOSPITAL 20, A Corporation, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $1,543.74 for services rendered to the State of Illinois at the request of the Department of Public Aid. The court awarded the full amount, finding that the claim was for a lapsed appropriation and that all conditions for an award were met.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. WILLIAM G. CLARK, Attorney General; MORTON L. ZASLAVSKY, Assistant Attorney General, f o r Respondent. P
  2. CONTRACTS-hpSed appropriation. Where contract has been properly entered into, all provisions thereof satisfactorily performed, proper charges made therefor, adequate funds were available at the time said contract was executed, and the appropriation from which such claim could and would have been paid had lapsed, a n award will be made.

Claimant, Hinsdale Sanitarium and Hospital 20, a Corporation, filed its complaint against respondent for the sum of $1,543.74 for services rendered the State of Illinois.

A stipulation was entered into by claimant and respondent as follows :

“That services were rendered to respondent at the special instance and request of the Department of Public Aid.

“That the statements attached to the complaint as exhibit A are due and owing in the sum of $1,643.74.

“That no assignment or transfer of the claim has been made.

“That there is rightfully due to claimant the sum of $1,543.74.

“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 up 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) service 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 the amount due.

Claimant, Hinsdale Sanitarium and Hospital 20, a Corporation, is hereby awarded the sum of $1,543.74.

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Official volume 26 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: January 10, 1967–June 20, 1969)  ·  All opinions in this volume  ·  Also on CourtListener

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