Illinois Court of Claims Opinions
Lapsed Appropriation
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Callaghan and Company v. State of Illinois

26 Ill. Ct. Cl. 455 Illinois Court of Claims Filed 1969-04-17 No. 5614
Disposition: (No. 5614-Claimant awarded $14,365.00.) Award: $14,365.00 Agency: Secretary of State
Cite as: Callaghan and Company v. State of Illinois, 26 Ill. Ct. Cl. 455 (1969)
Lapsed Appropriation 26 awarded 1960s Callaghan and Company v. State of Illinois 26 Ill. Ct. Cl. 455 1969-04-17 (No. 5614-Claimant awarded $14,365.00.) /opinions/v26-p0496-1/

CALLAGHAN AND COMPANY, An Illinois Corporation, Claim- ant, 9s. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought $14,365.00 for legal publications and books furnished to the Secretary of State. The court awarded the full amount because the contract was properly entered, services performed, funds available at contract time, and the appropriation lapsed.

Claim type: Lapsed Appropriation

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

Headnotes

  1. 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.

Claimant, Callaghan and Company, an Illinois Corporation, filed its complaint against respondent for the sum of $14,365.00 for legal publications and books furnished the Secretary of State, Springfield, Illinois.

Thereafter a stipulation was entered into by claimant and respondent, as follows:

“That claimant, Callaghan and Company, an Illinois Corporation, had furnished materials as alleged in claimant’s statement of claim.

“That there is lawfully due claimant the sum of Fourteen Thousand Three Hundred Sixty Five Dollars and No Cents ($14,365.00).

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

“That claimant continues to be the sole person interested in this claim, and that no assignment thereof has occurred.

“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 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 j (2) service is satisfactorily [*457] 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.

Claimant, Callaghan and Company, an Illinois Corporation, is, therefore, awarded the sum of $14,365.00.

Official volume 26 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: January 10, 1967–June 20, 1969)  ·  All opinions in this volume  ·  Also on CourtListener

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