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21 Ill. Ct. Cl. 400

Texas Co. v. State

Court of Claims of Illinois

Decided March 20, 1953

Court of Claims of Illinois · decided 1953-03-20

Decided 1953-03-20

Farthing, J.

¶1On June 12, 1952, the Texas Company, a Delaware Corporation, filed its complaint in this Court seeking an award of $143.51 for gasoline and other petroleum products sold and delivered to respondent’s Division of Highways, and other accredited departments on orders dated October 5, 1949 and ending June 30, 1950, and dated May 5, 1950 and ending June 30, 1951, as per claimant’s bill of particulars, also filed June 12,1952.

¶2On February 19, 1953, the parties filed their stipulation of facts in lieu of a record, which with the complaint, the report from the Engineer of Claims, filed on July 12, 1952, and said bill of particulars, completes the file for our consideration.

¶3The stipulation is hereby approved, and shows that $2.50 is barred by limitation, but that there is due the Texas Company the balance of its claim, or $141.01, which is unpaid.

¶4The claimant did not submit bills for the merchandise to the respondent until after the appropriation to pay for the purchases had lapsed.

¶5An award is, therefore, entered in favor of the claimant, The Texas Company, for the sum of $141.01 against the respondent, the State of Illinois.

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