Department of Highways v. Department of Corrections

West Virginia Court of Claims

Department of Highways v. Department of Corrections

14 Ct. Cl. 152

CourtWest Virginia Court of Claims

DecidedMay 21, 1982

DocketCC-82-57

StatusPublished

This text of 14 Ct. Cl. 152 (Department of Highways 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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Department of Highways v. Department of Corrections, 14 Ct. Cl. 152 (W. Va. Super. Ct. 1982).

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Opinion

PER CURIAM:

In this claim, submitted upon the pleadings, claimant seeks [153]*153payment of the sum of $194.63 for repairs performed on a Plymouth vehicle at the request of the respondent. Invoices for the material and labor, sent to the Department of Corrections’ Work Release Program, remain unpaid.

Respondent, in its Answer, admits the validity and amount of the claim, but states also that sufficient funds were not on hand at the close of 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 also are of the 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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