KEUFFELAND ESSERCOMPANY, A Corporation, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $738.70 for materials furnished to the Division of Highways. The court awarded the amount because the only reason for non-payment was that the appropriation for the biennium had lapsed.

Claim type: Lapsed Appropriation

Cases cited: Continental Oil Company vs. State of Illinois, 23 C.C.R. 70; M. J. Hollerar, Im., vs. State of Illinois, 23 C. C. R. 17

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, an award will be made.

WOLFE, KLEIN, BONNER AND BEZARK, Attorneys for Claimant. WILLIAM G. CLARK, Attorney General; MORTON L. !&SLAVSKY, Assistant Attorney General, f o r Respondent.

PEZMAN, J.

Claimant seeks to recover the sum of $738.70 for materials furnished to the Division of Highways of the Department of Public Works and Buildings.

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 Works and Buildings, Division of Highways.

“That the statements attached to the complaint as exhibit A are due and owing, namely Seven Hundred Thirty Eight Dollars and Seventy Cents ($738.70).

“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 Seven Hundred Thirty Eight Dollars and Seventy Cents ($738.70).

[*400] “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.”

Where the evidence shows that the only reason a claim was not paid was because the appropriation for the biennium in which the service was performed had lapsed, this Court has held that it would make an award. Continental Oil Company vs. State of Illinois, 23 C.C.R. 70, and M . J. Hollerar, Im.,vs. State of Illinois, 23 C. C. R. 17.

Claimant, Keuffel and E w e r Company, a Corporation, is hereby awarded the sum of $738.70.