The Salvation Army v. State of Illinois — 26 Ill. Ct. Cl. 451

THE SALVATION ARMY, An Illinois Corporation, Claimant, 'v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought to recover $5,630.93 advanced for support of indigent persons. The court found that all requirements for an award were met, including proper contract, satisfactory performance, available funds at contract time, and lapsed appropriation, and awarded the full amount.

Claim type: Lapsed Appropriation

Cases cited: Gilbert-Hodgman, Inc. v. State of Illinois, 24 C.C.R. 509; American Oil Company v. State of Illinois, 24 C.C.R. 492; The Pittsburgh and Midway Coal Mining Company v. State of Illinois, 24 C.C.R. 510

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

CONTRACTS-hpSed 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.

KENNEDY, GOLANAND MORRIS, Attorneys f o r Claimant. WILLIAM G. CLARK, Attorney General; SAUL R. WEXLER, Assistant Attorney General, for Respondent.

PEZMAN, J.

Claimant, The Salvation Army, an Illinois Corporation, seeks to recover from respondent the sum of $5,630.93, said sum of money having been advanced by claimant for support of indigent persons. Vouchers were submitted to the Department of Public Aid, but were i refused on the grounds that funds appropriated for such payments had lapsed.

This Court has repeatedly held that, where a contract has been (1) properly entered into; (2) services satisfactorily performed, and materials furnished in accordance with 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. Gilbert-Hodgrnan, Inc., A Corporation, vs.

State of Illinois, 24 C.C.R. 509; American Oil Compa%y, [*452] In-e., a Corporation, vs. State of Illinois, 24 C.C.R. 492; The Pittsburgh and Midway Coal Mining Company, a Corporatiom, us. State of Illinois, 24 C.C.R. 510. It appears that all the requirements have been met in the instant case.

Claimant is hereby awarded the sum of $5,630.93.