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Continental Oil Company v. State of Illinois

11 Ill. Ct. Cl. 235 Illinois Court of Claims Filed April 11, 1940 No. 3447
Disposition: (No. 3447-Claimant awarded $3.46.) Award: $3.46
Cite as: Continental Oil Company v. State of Illinois, 11 Ill. Ct. Cl. 235 (1940)
Legacy General 11 awarded 1940s Continental Oil Company v. State of Illinois 11 Ill. Ct. Cl. 235 April 11, 1940 (No. 3447-Claimant awarded $3.46.) /opinions/v11-p0254-1/

CONTINENTAL OIL COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant furnished merchandise to the state's Bureau of Maintenance, Roadside Planting and Landscaping, District No. 4, in February and March 1939, totaling $3.46. Payment was refused because the appropriation had lapsed, but the court awarded the amount, following prior cases.

Claim type: Lapsed Appropriation

Cases cited: Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Electrical Supply Co. vs. State, No. 3270, decided at the September Term, 1938

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

Headnotes

  1. SUPPLIES-lapse of appropriation out of which could be paid-when award may be made for. Where it appears that State received merchandise, as ordered by it, and that bill therefor in agreed amount for same, was not presented before lapse of appropriation out of which it could be paid, due to no negligence on part of claimant, an award may be made for amount due therefor, on claim filed within a reasonable time.

On February 21, 1939 the claimant furnished to the respondent for its Bureau of Maintenance, Roadside Planting and Landscaping, District No. 4, certain merchandise of the value of $1.73, and on March 4, 1939 furnished similar merchandise in the same amount.

Claim therefor was properly presented for payment in April, 1939, but apparently the same was mislaid. Another claim was filed on November 17, 1939, but payment was refused for the reason that the appropriation out of which the same was properly payable had lapsed.

No question is raised as to the receipt of the merchandise, or the value thereof, nor is it contended that there were not sufficient unexpended funds in the proper appropriation at the time the merchandise in question was purchased.

We have held in numerous cases that under such circumstances claimant is entitled to an award. Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Electrical Supply Co. vs. State, No. 3270, decided at the September Term, 1938, of this court.

Award is therefore entered in favor of the claimant for the sum of Three Dollars and Forty-six Cents ($3.46).

Official volume 11 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between July 1, 1939–June 30, 1941, and advisory Opinions furnished Illinois Emergency Relief Commission)  ·  All opinions in this volume  ·  Also on CourtListener

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