M. W. RIELY COA LCOMPANY, Claimant, v. STATE OF I,LLINOIS, Respondent.
Case summary
Claimant sought $258.28 for coal furnished to the 122nd Field Artillery under contract, but payment was delayed due to the bill not reaching the Adjutant General until after the appropriation lapsed. The court awarded the amount because the coal was ordered by an authorized official, the bill was submitted within a reasonable time, and sufficient funds remained in the appropriation when the charge was incurred.
Cases cited: Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165; Elgin, Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
J. ECKERT, [*310] Claimant seeks an award for $258.28, for 109,900 pounds of Southern Illinois Nut coal, at $4.70 per ton, furnished to the 122nd Field Artillery on March 22, 1941, under contract with the State of Illinois, No. C-80289. Monthly statements rendered by claimant did not come to the attention of the Adjutant General until October 2, 1941, after the appropriation for payment of such charges had lapsed. The State received the coal on order from an official authorized to contract for the same; claimant submitted a bill therefor within a reasonable time and has not received -payment;‘such nonpayment is due to no fault on the part of the claimant; when the charge was incurred, there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to an award. Rock Island Sand and Gravel Compa+%y vs. State of ’Illimois,’ 8 C. C. R. 165; Elgim,’Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243.
An award is therefore entered in favor of claimant in the sum of $258.28.