Mountaineer Motor Sales, Inc. v. Farm Management Commission

West Virginia Court of Claims

Mountaineer Motor Sales, Inc. v. Farm Management Commission

14 Ct. Cl. 187

CourtWest Virginia Court of Claims

DecidedJuly 13, 1982

DocketCC-82-106

StatusPublished

This text of 14 Ct. Cl. 187 (Mountaineer Motor Sales, Inc. v. Farm Management Commission) 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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Mountaineer Motor Sales, Inc. v. Farm Management Commission, 14 Ct. Cl. 187 (W. Va. Super. Ct. 1982).

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Opinion

PER CURIAM:

In this claim, submitted upon the pleadings, claimant seeks payment of the sum of $86.87 for a tachometer purchased by the respondent.

The respondent, in its Answer, admits the validity and amount of the claim, but further states that there were insufficient funds remaining in its appropriation for the fiscal year in question from which the claim could have been paid.

[188]*188While we believe that this claim should, in equity and good conscience, be paid, we further believe that an award cannot be made, based on our decision in Airkem Sales and Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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