Betsy Ross Bakeries, Inc. v. Department of Mental Health

West Virginia Court of Claims

Betsy Ross Bakeries, Inc. v. Department of Mental Health

8 Ct. Cl. 260

CourtWest Virginia Court of Claims

DecidedJune 30, 1971

DocketNo. D-404

StatusPublished

This text of 8 Ct. Cl. 260 (Betsy Ross Bakeries, Inc. v. Department of Mental Health) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Betsy Ross Bakeries, Inc. v. Department of Mental Health, 8 Ct. Cl. 260 (W. Va. Super. Ct. 1971).

Pincite

Opinion

JONES, JUDGE:

During the months of May and June, 1968, the claimant, Betsy Ross Bakeries, Inc., of Ashland, Kentucky, furnished bakery products to Colin Anderson Center at St. Marys, in Pleasants County, under a valid State contract. Invoices totalling $841.10 were duly and timely submitted to the respondent, but the same were mislaid by an unknown employee of the respondent so that transmittals for payments were not received by the State Auditor until after July 31, 1968. By this time, funds appropriated for the fiscal year 1967-1968 had expired by operation of law and payment could not be made. The respondent specifically alleges in its answer that funds were available in the Colin Anderson Center budget to pay the claimant and, but for the mislaid invoices, the claimant would have been paid.

This case was submitted on the notice of claim and answer thereto, and based upon such record, it is clear that this is a valid claim which in equity and good conscience should be paid. Accordingly, an award is hereby made to the claimant, Betsy Ross Bakeries, Inc., in the sum of $841.10.

Free access — add to your briefcase to read the full text and ask questions with AI

JONES, JUDGE:

During the months of May and June, 1968, the claimant, Betsy Ross Bakeries, Inc., of Ashland, Kentucky, furnished bakery products to Colin Anderson Center at St. Marys, in Pleasants County, under a valid State contract. Invoices totalling $841.10 were duly and timely submitted to the respondent, but the same were mislaid by an unknown employee of the respondent so that transmittals for payments were not received by the State Auditor until after July 31, 1968. By this time, funds appropriated for the fiscal year 1967-1968 had expired by operation of law and payment could not be made. The respondent specifically alleges in its answer that funds were available in the Colin Anderson Center budget to pay the claimant and, but for the mislaid invoices, the claimant would have been paid.

This case was submitted on the notice of claim and answer thereto, and based upon such record, it is clear that this is a valid claim which in equity and good conscience should be paid. Accordingly, an award is hereby made to the claimant, Betsy Ross Bakeries, Inc., in the sum of $841.10.

Cite This Page — Counsel Stack

Bluebook (online)

8 Ct. Cl. 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/betsy-ross-bakeries-inc-v-department-of-mental-health-wvctcl-1971.