ASSOCIATES, INC., Claimant, 2). THE STATE OF FITCH/LAROCCA ILLINOIS, Respondent.

Case summary

The claimant sought payment under a contract. The court denied the respondent's motion to dismiss based on the statute of limitations, finding the five-year contract statute applicable, and awarded the claimant $1,803.03.

Claim type: Contract

Statutes cited: Ill. Rev. Stat. 1977, ch. 37, par. 439.22

Cases cited: 25 Ill. Ct. Cl. 109

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

Headnotes

CONTRACrS-UWUrd granted over claim that statute o f limitations had run. The Respondent’s contention that the two-year statute of limitations was applicable to bar payment of the claim was without merit, as the claim arose out of a contract and prosecution of such a claim could commence within five years of the time it first accrues.

BURDITT AND CALKINS, for Claimant.

HOLDERMAN, J.

This matter comes before the Court upon Respondent’s motion to dismiss and Claimant’s objection to said motion.

Respondent’s motion sets forth that the voucher upon which this claim is based was issued on September 16, 1975, over three years prior to the filing of the complaint, and that, therefore, the two-year statute of limitations had run and this cause should be dismissed.

Claimant’s objections to said motion sets forth that this claim originated out of a contract and therefore the applicable statute of limitations is five years, as set forth in section 22(a) of the Court of Claims Act, and not section 22(f). (Ill. Rev. Stat. 1977, ch. 37, par. 439.22.) Claimant also cites 25 Ill. Ct. C1. 109, which states that “every claim arising out of a contract shall be forever barred from prosecution therein unless filed within five years after it first accrues.”

It is hereby ordered:

That Respondent’s motion to dismiss be, and the same is, denied, and Claimant is awarded the sum of $1,803.03.