L. L. BENOISTAND R. E. BENOIST, doing business as BENOIST BROTHERS HARDWARE, APARTNERSHIP, Claimants, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimants sought $583.60 for merchandise delivered to the Mount Vernon State Tuberculosis Sanitorium but not paid for before the appropriation lapsed. The court found the claim just and awarded the full amount.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- as BENOISTBROS. HARDWARE, A Partnership, Claim- PURCHAsES-payment after lapse of appropriation. Where case was heard on
Opinion filed March 20, 1953.
L. L. BENOISTAND R. E. BENOIST, doing business as BENOISTBROS. HARDWARE, A Partnership, Claimants, pro se.
LATHAMCASTLE, Attorney General; C. ARTHUR
NEBEL,Assistant Attorney General, for Respondent.
PURCHAsES-payment after lapse of appropriation. Where case was heard on stipulation of facts, and appears to be just, an award will be made for merchandise received. where payment was not made before the lapse of the appropriation.
FARTHING, J .
The claimants, L. L. Benoist and R. E. Benoist, doing business as Benoist Brothers Hardware, seek an award against respondent in the sum of $583.60 for merchandise, which was ordered from them in April, 1951, and delivered in July, 1951 to the Department of Public Health of the State of Illinois at the Mount Vernon State Tuberculosis Sanitorium.
[*393] A stipulation of facts has been filed herein, and is hereby approved. The file contains, in addition, the amended complaint of claimants.
The claimants have not been paid for the merchandise, and the time has expired for payment from the applicable appropriation. No defense is made to
. this claim, and, from the stipulation, the claim appears to be just.
An award is, therefore, entered in favor of the claimants, L. L. Benoist and R. E. Benoist, doing business as Benoist Brothers Hardware, for the sum of $583.60 against the respondent, the State of Illinois.