Dacar Chemical Co. v. Department of Corrections

West Virginia Court of Claims

Dacar Chemical Co. v. Department of Corrections

13 Ct. Cl. 69

CourtWest Virginia Court of Claims

DecidedNovember 21, 1979

DocketCC-79-556

StatusPublished

This text of 13 Ct. Cl. 69 (Dacar Chemical Co. 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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Dacar Chemical Co. v. Department of Corrections, 13 Ct. Cl. 69 (W. Va. Super. Ct. 1979).

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Opinion

PER CURIAM:

This claim was submitted for decision based on the allegations of the Notice of Claim and the respondent’s Answer.

Claimant seeks payment of the sum of $110.00, representing one month’s service under its monthly service contract with the Huttonsville Correctional Center.

In its Answer, the respondent admits the allegations of fact set forth in the Notice of Claim, but further alleges that there were no funds remaining in the 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 further opinion that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Department of Mental Health, 8 Ct. Cl. 180 (1971).

Claim disallowed.

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