Capital Credit Corp. v. Department of Corrections

West Virginia Court of Claims

Capital Credit Corp. v. Department of Corrections

13 Ct. Cl. 228

CourtWest Virginia Court of Claims

DecidedJuly 21, 1980

DocketCC-80-202

StatusPublished

This text of 13 Ct. Cl. 228 (Capital Credit Corp. v. Department of Corrections) 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.

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Capital Credit Corp. v. Department of Corrections, 13 Ct. Cl. 228 (W. Va. Super. Ct. 1980).

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Opinion

PER CURIAM:

In this claim, submitted for decision upon the pleadings, claimant seeks payment of the sum of $313.50, representing an unpaid bill for merchandise purchased by respondent’s Anthony Center.

Respondent’s Answer, although admitting the validity of the claim, states that there were no funds remaining in respondent’s appropriation for the fiscal year in question from which the obligation could have been paid.

While we feel that this is a claim which in equity and good conscience should be paid, we are of the opinion that an award cannot be made, based on our decision in Airkem Sales and Services, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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