C. L. FRAME DENTAL SUPPLY COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for dental supplies delivered to Kankakee State Hospital; the court awarded $26.77 because the materials were legally sold and delivered, and the claim was filed in apt time, despite the lapse of the appropriation.
Cases cited: Shell Petroleum Corporation vs. State, 7 C. C. R. 224
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Headnotes
- SUPPLIES-when award may be made for. Where facts are undisputed that State received supplies as ordered by it, and that bill therefor was not presented for payment before lapse of appropriation out of which it could be paid and no question is raised as to amount claimed or reasonableness of charges, an award for price thereof will be made.
Claimant is an Illinois corporation engaged in the sale of dental supplies. On May 18, 1933 it received a purchase requisition in the regular course of business from the Kankakee State Hospital for merchandise as set out in the claim herein filed in the sum of Twenty-six and 77/100 Dollars ($26.77). The merchandise in question was duly received by the State Hospital but in some manner the invoice was mislaid, and claimant asks an award in the sum of Twenty-six [*139] and 77/100 Dollars ($26.77). Apparently the only reason that the claim has not been paid is that the appropriation for the period during which the purchase was made has lapsed.
As stated in the case of Shell Petroleum Corporation vs.
State, 7 C. C. R. 224 and numerous other cases, "Where it clearly appears that materials have been legally sold, delivered to, and used by a State Department and have not been paid for, an award will be made therefor on a claim filed in apt time."
An award is therefore made in favor of claimant in the sum of Twenty-six and 77/100 Dollars ($26.77) in settlement of said claim.