PHEASANT RUN, INC., A Delaware Corporation, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $67.70 for services rendered to the Illinois Youth Commission. The court found the contract was properly entered into, services performed, and the appropriation had lapsed, so it awarded the full amount.

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

WILLIAM G. CLARK, Attorney General; MORTON L. ZASLAVSKY, Assistant Attorney General, f o r Respondent.
CONTRACTS-k%pSed 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.

SPENCER AND BISHOP, Attorneys for Claimant.

DOVE, J.

Claimant, Pheasant Run, Inc., a Delaware Corporation, filed its complaint against respondent for the sum [*358] of $67.70 for services rendered the Illinois Youth Commission.

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 Illinois Youth Commission.

“That the statements attached to the complaint as exhibit A are due and owing, namely Sixty-seven Dollars :and Seventy Cents ($67.70).

“That, as a result of delay in billing, payment was not made prior to the closing of the biennium appropriation.

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

“That there is rightfully due to claimant the sum of Sixty-seven Dollars and Seventy Cents ($67.70).

“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, Pheasant Run, Inc., is thereby awarded the sum of $67.70.