THE BORDEN COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The Borden Company sold ice cream sherbet to the Illinois Industrial Home for the Blind, but the appropriation lapsed before payment. The court awarded $23.40, the reasonable value, because the claimant was not at fault.
Cases cited: Rock Island Sand & Gravel Co. vs. State, 8 C. C. R. 165
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- Syllabus-when award may be made for. The facts in this case are similar to those in Horst & Streicher Company vs. State, No. 3191, infra, and what was said in that case is applicable herein.
During May and June, 1936, claimant, The Borden Company, sold and delivered eighteen (18) gallons of "ice cream sherbet" to the Illinois Industrial Home for the Blind, one of the charitable institutions maintained and operated by the State of Illinois. The records at the institution show that the merchandise was received and used, and it further appears that there were unexpended funds remaining in the appropriation for said institution, out of which the bill for same could have been paid. It further appears that such appropriation lapsed however before said claim was presented [*311] BAUER v. STATE OF ILLINOIS. for payment; that $23.40 is the usual and customary charge for such merchandise, and that the bill has never been paid.
As heretofore held in the case of Rock Island Sand & Gravel Co. vs. State, 8 C. C. R. 165 and other cases, “Where claimant has rendered services or furnished supplies to the state on the order or request of an official authorized to contract for the same, and submits a bill therefor within a reasonable time, and due to no negligence or fault on the part of claimant same is not approved and vouchered for payment before the appropriation from which it is payable lapses, an award for the reasonable and customary value of the services or supplies will be made where, at the time the obligation was incurred, there were sufficient funds remaining unexpended in the appropriation to pay for the same.”
No sufficient showing of negligence or fault upon the part of claimant to justify non-payment of the bill appears, and pursuant to the rulings heretofore made, an award is hereby allowed in favor of claimant in the sum of $23.40.