GULF REFINING COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $3.36 for 20 gallons of gasoline sold to a state maintenance patrolman under a purchase order, but the appropriation had lapsed before the bill was submitted. The court awarded the amount because the supplies were ordered by an authorized official and the delay was not the claimant's fault.

Claim type: Lapsed Appropriation

Cases cited: Indian Motor Cycle Co. v. State, 9 C. C. R. 526

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

Headnotes

Statutes-lapse of appropriation out of which bill could be paid. Appropriation-when award for may be made. The facts in this case are the same as those in the case of Indian Motor Cycle Co. vs. State, 9 Court of Claims Reports, page 526, and opinion in that case is controlling herein.

Claimant, pro se. JOHN E. CASSIDY, Attorney General; MURRAY F. MILNE, Assistant Attorney General, for respondent.

MR. JUSTICE YANTIS delivered the opinion of the court:

Claimant seeks an award for Three and 36/100 ($3.36) Dollars for twenty (20) gallons of gasoline at a contract price of Three and 36/100 ($3.36) Dollars sold to L. F. Doyle, Maintenance Patrolman, for the use of respondent's Division of Highways. The gasoline was bought under purchase order No. B87830 in January, 1937 at Decatur, Illinois, and claimant failed to submit its bill prior to the time the appropriation out of which payment could be made, had lapsed.

The commodity was bought in the due course of regular purchase and the allowance of the bill is proper under the law pertaining thereto:

"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 neglect 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 expenditure was contracted there were sufficient funds remaining in the appropriation to pay for same." *Indian Motor Cycle Co. v. State*, 9 C. C. R. 526.

Claim allowed, and award made in favor of claimant in the sum of Three and 36/100 ($3.36) Dollars.