West Virginia Court of Claims, 1978

Capitol Business Equipment, Inc. v. Board of Regents

Capitol Business Equipment, Inc. v. Board of Regents
West Virginia Court of Claims · Decided October 24, 1978
12 Ct. Cl. 205

Counsel

Fred F. Holyroyd, Attorney at Law, for claimant., Henry C. Bias, Jr., Deputy Attorney General, for respondent.

Capitol Business Equipment, Inc. v. Board of Regents

Opinion of the Court

PER CURIAM:

This claim was submitted upon the pleadings by agreement of the parties. The respondent admits that on June 7, 1976, West Virginia University received 262 Model No. 3015 Heavy Duty Kirsch traverse rods, with attachments, pursuant to its Order No. 812405, for the sum of $951.06, but avers that there were not sufficient funds appropriated by the Legislature for the fiscal year in question from which payment could be made. Following the precedent of Airkem Sales and Service, et al. v. Dept. of Mental Health, 8 Ct. Cl. 180 (1971), the claim must be denied.

Claim disallowed.

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