OPINION ISSUED APRIL 23, 1987
CAPITOL BUSINESS EQUIPMENT, INC.
DEPARTMENT OF FINANCE AND ADMINISTRATION
No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $365.60, which includes interest, for a chair which
delivered to the
respondent. The invoice for the chair was submitted but never paid.
its Answer, respondent
admits the validity of the claim in the amount of $355.00, but
the amount of the interest
added to the original invoice. Respondent states that the invoice
not be paid because the
fiscal year in which the obligation was incurred had ended.
further states that
sufficient funds were on hand at the close of the fiscal year in
The Court is restricted by W.Va. Code §14-2-12 from awarding
unless the claim
arises on a contract specifically providing for the payment of.
this section, the Court
concludes that the respondent is not legally liable for the payment
accrued interest. The Court therefore grants an award to the
the amount of $355.00.
Award of $355.00.