THE TEXAS COMPANY,ADELAWARE CORPORATION, Claimant, v. STATE OF ILLIKOIS, Respondent.
Case summary
The claimant sought $68.09 for goods sold and delivered to the respondent. The court found the purchases were authorized, invoices submitted in reasonable time, and funds available, and awarded the full amount.
Cases cited: Phillips Petroleum Company vs. State, 14 C. C. R. 44
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- GEORGE' F. BARRETT, Attorney General, for respondent; C. A RTHUR NEBEL,Assistant Attorney General, of counsel.
- SuPPmcs-lapse of approprzation out of whach could be pazd- before presentment of ball-saflcient unexpended balance in appropriationwhen award f o r value naay be, mode. Where it clearly appears t h a t claimant furnished supplies or rendered services to the State, for which an appropriation existed out of which payment could have been made therefor, a n award may be made for reimbursement or payment for said supplies or services where such appropriation lapsed ' before payment was made for same, and sufficient unexpended balance therefor remains therein, on claim filed in reasonable time.
The claimant is a foreign corporation duly authorized to engage in business in this State. An award in the amount of $68.09 is sought for goods sold and delivered to the respondent by the claimant.
The record consists of the complaint, bill of particulars, report of the Division of Highways, and the waiver, statement, brief, and argument by the claimant and respondent.
The record discloses that the' claimant, through its agents, furnished the respondent with gasoline, kerosene, liquid fuels, oils, and lubricants.
The report of the Division of Highways ackijowledges that the claimant, through its several agencies, made 22 deliveries of products for which it has not loccii paid. The Division of Highways, of the Depart?
[*56] ment of Publie Works and Buildings, made 17 purchases ; the Division of State Police, of the Department of Public Safety, made 3 purchases ; the Division of Waterwiys, of the Department of Public Works and Buildings, made 1 purchase, and the Department of Conservatioii' made 1 purchase, -as set out in claimant's bill of particulars attached to said complaint and made a part .thereof.
The report further shows that each department or . division, above referred to, has confirmed that the purchases assigned to it, as shown on said bill of particulars, were made ; the material used in department or division equipment; that the amouiits of the charges are correct : that the volume of material is correct ; and as of June 30, 1945, appropriations were in existence and funds available in them for the payment of said materials had the invoices covering them been presented for payment within the allotted time.
The court finds from the record that the above named clai'mant furnished supplies for the respondent, the purchase of which was properly and duly authorized ; claimant submitted its invoices to the respondent within a . reasonable time and has not received payment ; such nonpayment is due to no fault on the part of the claimaiit; when the charges were incurred there remained a sufficient unexpended 'balance in the appropriation from which payments could have been made. Claimant is therefore entitl-ed to this aTt7ard. Phillips Petroleum Company vs. State, 14 C. C. R. 44.
An award is therefore entered in favor of the claimant in the sum of Sixty-Eight Dollars and Nine Cents ($68.09)-.