ILLINOIS BELL TELEPHONE CO., ACORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for telephone services provided to the Division of Highways in May and June 1943. The court awarded $162.85 because the invoices were submitted within a reasonable time and non-payment was due to administrative delays, not claimant's fault.
Cases cited: Koppeim vs. State, 12 C. C. R., 395
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Headnotes
- TELEPHONE SERVICE-lapse of appropriation, before payment-sufficient unexpended balance in-when award may be made for value of. Where telephone services are rendered to the State, on its order, and received by it and claimant submits a bill'in the correct amount therefor within a reasonable time, and due to no fault or negligence on his part, same is not approved and vouchered for payment before lapse of appropriation from which it is payable, an award may be made for the value thereof, where at the time same was furnished there was sufficient funds remaining therein to pay same.
During the months of May and June, 1943, claimant furnished telephone service at its Blue Island Exchange to the Department of Public Works and Buildings, Division of Highways, of the State of Illinois, pursuant to a contract with the Department. Exchange service furnished by the claimant from June 21, 1943, to June 30, 1943, was in the amount of $6.80 and toll service furnished by the'claimant from May 21, 1943, to June 30, 1943, was in the amount of $156.05, or a total of $162.85.
Invoices for these services were presented for payment in the usual course of business. Due to shortage of clerks and turn over of personnel in the district office of the Division of Highways, the invoices did not reach the central office until after September 30, 1943, after the lapse of the appropriation.
Claimant has furnished properly and duly authorized services for the respondent; claimant submitted its invoices to the respondent within a reasonable time, and [*49] , has not received payment ; such non-payment is due to no fault on the part of the claimant; when the charges were . incurred there remained a sufficient unexpended balance ‘ in the appropriation from which payment could have been made. Claimant is, therefore, entitled to an award. (Koppeim vs. State, 12 C. C. R., 395.)
An award is therefore made in favor of the claimant in the sum of $162.85.