SKELLY OIL COMPANY d/b/a AURORA SKELGAS SERVICE, Claimant, v. STATE OF ILIJNOIS, Respondent.
Case summary
Claimant sought payment for materials provided to the Division of Highways. The court awarded $162.54 because the contract was properly entered into, services were performed, charges were proper, and funds were available at the time of the contract.
Cases cited: Gilbert-Hodgman, Inc., A Corporation, vs. State of Illinois, 24 C.C.R. 509
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Headnotes
- CONTRACTS-kZpSed appropriation. Where contract has been properly entered into, all provisions thereof satisfactorily performed, proper charges made therefor, adequate funds were available at the time the contract was executed, and the appropriation from which such claim could and would have been paid had lapsed, an award will be made.
Claimant seeks from respondent payment of the sum of $162.54 for materials provided the Division of Highways of the State of Illinois. The demand for the payment was refused on the grounds that funds appropriated for such payments had lapsed.
A stipulation submitted by the parties agree that the materials were furnished, and that there is lawfully due the amount requested by claimant.
Where a contract with the State has been (1)properly entered into ; ( 2 ) services satisfactorily performed, [*441]
44-1 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, Irzc., A Corporation, vs. State of Illinois, 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 $162.54.