Eveready Manifold Corporation v. State of Illinois — 26 Ill. Ct. Cl. 452

EVEREADY MANIFOLD CORPORATION, An Illinois Corpora- tion, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $1,596.83 for materials provided to the Secretary of State, but payment was refused because the appropriation had lapsed. The court found all requirements met 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, Inc. 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

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Headnotes

CONTRACTS-kZpSed 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.

MANIFOLD CORPORATION, Claimant, pro se. EVEREADY WILLIAM J. SCOTT, Attorney General ; SAUL R. WEXLER, Assistant Attorney General, for Respondent.

P EZMAN, J.

Claimant seeks to recover the sum of $1,596.83 for materials provided to the Office of thc Secretary of State, and allcgcs that the demand for payment of said sum was refused on the grounds that funds appropriated for the Secretary of State 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) aclcquate funds were available at the time the contracts were entered into; and, (5) the appropriation for [*453] the biennium from which such claim could have been paid had lapsed, it would enter an award for the amount due. Gilbert-Hodgman, Inc., a Corporatiort, vs. State of Illinois, 24 C.C.R. 509; American Oil Company, Inc., a Corporation, vs. State of Illimois, 24 C.C.R. 492; The Pittsburgh and Midway Coal Mining Company, a Corporation, vs. 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 $1,596.83.