THE PEOPLE'SGAS LIGHT AND COKE CO., ACORPORATION, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for a refrigerator sold to the Department of Public Health. The court awarded the amount due, but denied interest because no statute authorizes interest against the State.
Cases cited: Shippers Fue Corporation vs. State, 12 C. C. R. 323; Phillips Petroleum Compamy vs. State, 10 C. C. R. 319; Southern Kraft Corporation vs. State, 9 C. C. R. 306
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Headnotes
- GEORGE F. BARRETT, Attorney General; WILLIAM L. MORGAN, Assistant Attorney General, for respbndent.
- SUPPLIES - lapse of appropriation before payment - sufficient unexpended balance in - when award may be made for value of. Where merchandise is sold 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 vouahered 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.
- INTEREST - not allowable. There is no statute in this State authorizing the payment of interest on claims.
Claimant seeks an award for $119.34 for one Servel Electrolux Refrigerator, No. 46604, with pressure regulator, sold February 10,1942, to the Department of Public Health of the State of Illinois, and delivered to the Cook County Public Health Unit. The purchase was properly authorized by Edward Davis, State Purchasing, Agent for the Division of Purchases and Supplies of the State of Illinois; claimant has not received payment; such non-payment 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. Shippers Fue Corporation vs. State, 12 C. C. R. 323.
Claimant also seeks interest on $1 9.34 at five per cent per annum from February 10,1942. The State, how[*53]53' ever, is not liable for the payment of costs or interest, there being no statute in this State authorizing such payment. Phillips Petroleum Compamy vs. State, 10 C. C. R. 319; Southern Kraft Corporation vs. State, 9 C. C. R. 306.
An award is therefore entered in favor of the claimant in the sum of $119.34.