SINCLAIR REFINING COMPANY, Claimant, vus. STATE OF ILLI- NOIS, Respondent.
Case summary
Claimant sought payment for fuel oil furnished to the Department of Mental Health. The court awarded the amount due because the claim was for a lapsed appropriation and the requirements for an award were met.
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.
Claimant, Sinclair Refining Company, seeks to recover the sum of $657.19 for fuel oil furnished to the Department of Mental Health.
A stipulation was entered into by claimant and respondent as follows :
“That claimant, Sinclair Refining Company, had furnished materials as alleged in claimant’s statement of claim.
“That there is lawfully due claimant the sum of Six Hundred Fifty Seven and 19/100 Dollars ($657.19).
“That, as a result of delay in billing by claimant herein, payment was not made prior to the closing of the biennium appropriation.
“That claimant continues to be the sole person interested in this claim, and that no assignment thereof had occuirred.
“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) 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, Sinclair Refining Company, is, therefore, awarded the sum of $657.19.