General Telephone Co. v. Department of Corrections

West Virginia Court of Claims

General Telephone Co. v. Department of Corrections

15 Ct. Cl. 12

CourtWest Virginia Court of Claims

DecidedOctober 4, 1983

DocketCC-83-201

StatusPublished

This text of 15 Ct. Cl. 12 (General Telephone 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.

Bluebook

General Telephone Co. v. Department of Corrections, 15 Ct. Cl. 12 (W. Va. Super. Ct. 1983).

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Opinion

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and in the respondent’s Answer. Claimant seeks payment of $1,264.30 for telephone service provided to respondent’s Leckie Center for the period of August, 1982 through May, 1983. In its Answer, respondent admits the validity of the claim, but states that there were insufficient funds remaining in its fiscal year 1982-83 appropriation from which the obligation could have been paid.

Although the Court feels that this claim should in equity and good conscience be paid, the Court is of the further opinion that an award cannot be made, based upon the decision in Airkem Sales & Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and in the respondent’s Answer. Claimant seeks payment of $1,264.30 for telephone service provided to respondent’s Leckie Center for the period of August, 1982 through May, 1983. In its Answer, respondent admits the validity of the claim, but states that there were insufficient funds remaining in its fiscal year 1982-83 appropriation from which the obligation could have been paid.

Although the Court feels that this claim should in equity and good conscience be paid, the Court is of the further opinion that an award cannot be made, based upon the decision in Airkem Sales & Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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Bluebook (online)

15 Ct. Cl. 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-telephone-co-v-department-of-corrections-wvctcl-1983.

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