RAYMOND S. BLUNT AND COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $1,520 for services rendered to the Department of Financial Institutions. The court awarded the amount due because the contract was properly entered, services performed, and the appropriation had lapsed.

Claim type: Lapsed Appropriation

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Headnotes

CONTRACTS-lapsed appropriation. Where contract has been properly entered into, all provisions thereof satisfactorily performed, proper charges made therefor, adequate funds were available at the time said contract was executed and the appropriation from which such claim could and would have been paid had lapsed, an award will be made.

NOBLE AND BROWN, Attorneys f o r Claimant. WILLIAM G. CLARK, Attorney General; MORTON L. ZASLAVSIIY, Assistant Attorney General, f o r Respondent.

DOVE, J.

Claimant, Raymond S. Blunt and Company, filed its complaint against respondent, State of Illinois, for the sum of $1,520.00 for services rendered the Department of Financial Institutions.

A stipulation was entered into by claimant and respondent as follows :

“That services were rendered to respondent at the special instance and request of the Department of Financial Institutions.

“That the statements attached to the complaint as exhibit A are due and owing, namely Fifteen Hundred and Twenty Dollars ($1,520.00).

“That, as a result of delay in billing, payment was not made prior to the closing of the biennium appropriation.

“That no assignment or transfer of the claim has been made.

“That there is rightfully due to claimant the sum of Fifteen Hundred and Twenty Dollars ($1,520.00).

“That upon the foregoing agreed case filed herein the Court shall decide thereon, and render judgment herein according to the rights of the parties in the same manner as if the facts aforesaid were proved up upon the trial of said issue.”

This is a matter of a lapsed appropriation, and this Court has repeatedly held that, where a contract has been (1) properly entered into ; (2) service is satisfactorily performed, and materials furnished in accordance with [*360] such contract; (3) proper charges made therefor; (4) adequate funds were available at the time the contracts were entered into; and, (5) the appropriation for the biennium from which such claim could have been paid had lapsed, it would enter an award for the amount due.

Claimant, Raymond S. Blunt and Company, is thereby awarded the sum of $1,520.00.