THE LIQUID CARBONIC CORPORATION, Claimant, v. STAVEOF ILLINOIS, Respondent.
Case summary
Claimant sought payment for dry ice purchased by the Department of Public Health in May and June 1945, totaling $82.68, but the appropriation lapsed before invoices could be paid. The court awarded the amount because the invoices were submitted in reasonable time and non-payment was without fault of the claimant.
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Headnotes
- GEORGE F. BAE~RETT, Attorney General, for respondent.
- SuPPmEs-lapse of apprbprzatzvn out of which coidd be Paid-before presentmelzt of bzll-suncient unexpended balance en appropriatiwhen awclsd for value m y b'e m d e . Where i t clearly appears that claimant furnished supplies or rendered services to the State, and for which an appropriation existed out of which payment could be 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.
Respondent, through its Department of Public Health, made duly authorized purchases of dry ice from the,claimant during the months of May and June 1945, totalling Eighty-two and 68J100 Dollars ($82.68). The appropriations for the payment of these items lapsed before the invoices could be cleared for payment by the department. The invoices, however, had been submitted within a reasonable time, and non-payment is without fault on the part of the claimant'. Sufficient funds remained unexpended in the appropriation~to pay for the same.
An award is therefore entered in fayor of the claimant in the amount of Eighty-two and 681100 Dollars ($82.68). , \ '