IBM Corp. v. Department of Corrections

12 Ct. Cl. 284
CourtWest Virginia Court of Claims
DecidedJanuary 31, 1979
DocketNo. CC-78-277
StatusPublished

This text of 12 Ct. Cl. 284 (IBM 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.

Bluebook
IBM Corp. v. Department of Corrections, 12 Ct. Cl. 284 (W. Va. Super. Ct. 1979).

Opinion

PER CURIAM:

[285]*285Upon written stipulation to the effect that respondent entered into Service and Lease Agreements with claimant on various copying equipment and typewriters in the amount of $3,962.30, and to the effect that respondent received invoices but made no payment to claimant, the Court finds that this is a claim which in equity and good conscience should be paid. However, we are of further opinion that, since there were no funds remaining in the respondent’s appropriation for fiscal year 1977-78 from which the obligation could have been paid, an award in this claim is barred, 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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Related

Airkem Sales & Service v. Department of Mental Health
8 Ct. Cl. 180 (West Virginia Court of Claims, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
12 Ct. Cl. 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ibm-corp-v-department-of-corrections-wvctcl-1979.