Shippers Fuel Corp. v. State

Court of Claims of Illinois

Shippers Fuel Corp. v. State

12 Ill. Ct. Cl. 323, 1942 Ill. Ct. Cl. LEXIS 101

Court of Claims of Illinois·Decided November 10, 1942·No. No. 3424·Published

Opinion

Eckert, J.

Claimant seeks an award for $175.77 for 62.775 tons of Central Illinois 3" x 6" egg or furnace coal at $2.80 per ton furnished to the 130th Infantry Armory at Danville, Illinois, from January 19, 1938, to February 4, 1938, under contract with the State of Illinois No. B-117626. The State received the coal on order from an official authorized to contract for the same; claimant submitted a bill therefor within a reasonable time and has not received payment; such non-payment is due to no fault on the part of the claimant; when the charge was incurred, there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to an award. Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165; Elgin, Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243.

An award is therefore entered in favor of claimant in the sum of $175.77.

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Eckert, J.

Claimant seeks an award for $175.77 for 62.775 tons of Central Illinois 3" x 6" egg or furnace coal at $2.80 per ton furnished to the 130th Infantry Armory at Danville, Illinois, from January 19, 1938, to February 4, 1938, under contract with the State of Illinois No. B-117626. The State received the coal on order from an official authorized to contract for the same; claimant submitted a bill therefor within a reasonable time and has not received payment; such non-payment is due to no fault on the part of the claimant; when the charge was incurred, there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to an award. Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165; Elgin, Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243.

An award is therefore entered in favor of claimant in the sum of $175.77.

Shippers Fuel Corp. v. State, 12 Ill. Ct. Cl. 323, 1942 Ill. Ct. Cl. LEXIS 101 (Ill. Super. Ct. 1942).

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