Capitol Business Equipment, Inc. v. Department of Public Safety

16 Ct. Cl. 146
CourtWest Virginia Court of Claims
DecidedApril 23, 1987
DocketCC-87-28
StatusPublished

This text of 16 Ct. Cl. 146 (Capitol Business Equipment, Inc. v. Department of Public Safety) 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
Capitol Business Equipment, Inc. v. Department of Public Safety, 16 Ct. Cl. 146 (W. Va. Super. Ct. 1987).

Opinion

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent's Answer.

Claimant seeks an award of $663.78, which includes, interest, for chairs which were shipped to the respondent. The invoice for these chairs was submitted, but has not been paid. In its Answer, respondent admits the validity of the claim in the amount of $660.00. Respondent denies the amount of the interest added to the original invoice. Respondent states that the invoice could not be paid because the fiscal year in which the obligation was incurred had ended. Respondent further states that sufficient funds were on hand at the close of the fiscal year in question.

The Court is restricted by W.Va. Code §14-2-12 from awarding interest unless the claim arises on a contract specifically providing for the payment of interest. Based on this section, the Court concludes that the respondent is not legally liable for the payment of accrued [147]*147interest. The Court, therefore, grants an award to the claimant in the amount of $660.00.

Award of $660.00.

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Related

§ 14-2-12
West Virginia § 14-2-12

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Bluebook (online)
16 Ct. Cl. 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capitol-business-equipment-inc-v-department-of-public-safety-wvctcl-1987.