Illinois Court of Claims Opinions
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Naperville Nurseries, Inc. v. State of Illinois

10 Ill. Ct. Cl. 345 Illinois Court of Claims Filed 1938-09-14 No. 3245
Disposition: (No. 3245-Claimant awarded $797.00.) Award: $797.00 Agency: Division of Highways, Department of Public Works and Buildings
Cite as: Naperville Nurseries, Inc. v. State of Illinois, 10 Ill. Ct. Cl. 345 (1938)
Legacy General 10 awarded 1930s Naperville Nurseries, Inc. v. State of Illinois 10 Ill. Ct. Cl. 345 1938-09-14 (No. 3245-Claimant awarded $797.00.) /opinions/v10-p0368-5/

NAPERVILLE NURSERIES, INC., Claimant, v. STATE OF ILLINOIS

Case summary

Claimant furnished nursery stock to the Highway Division at the request of a state engineer. The stock was delivered and used, but the invoice could not be paid because the appropriation had lapsed. The court found sufficient funds remained at the time and awarded $797.00.

Claim type: Lapsed Appropriation

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

Headnotes

  1. STATEMENT-Lapse of appropriation out of which could be paid-before payout-then award for may be made. The facts in this claim are the same as those in Metropolitan Electrical Supply Company vs. State, No. 3270,

Claimant, an Illinois corporation, at the request of O. J. Schneider, District Landscape Engineer, Division of High[*316]ways, Department of Public Works and Buildings, of the State of Illinois, furnished to the Highway Division at Elgin, Illinois certain nursery stock as shown by itemized statement filed herein. The nursery stock was duly delivered, accepted by the Highway Department and used by it along the highways of the State. Claimant submitted an invoice to the Division of Highways on March 24, 1938 but said invoice was not vouchered for payment, for the reason that on September 30, 1937 the appropriation from which said items were payable had lapsed. It appears that sufficient funds remained in the appropriation at that time from which said account could have been properly paid, and further that the bill submitted for such nursery stock was the customary and reasonable charge therefor. Claimant is legally entitled to payment of the amount of its bill and an award is hereby made in favor of claimant therefor, in the sum of Seven Hundred Ninety seven ($797.00) Dollars.

Official volume 10 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1937–June 30, 1939, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  All opinions in this volume  ·  Also on CourtListener

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