OPINION ISSUED APRIL 23, 1987

CAPITOL BUSINESS EQUIPMENT, INC.
VS.
DEPARTMENT OF FINANCE AND ADMINISTRATION

(CC-87-27)

No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.

PER CURIAM:

This claim was submitted for decision based upon the allegations in the
Notice of Claim and
respondent's Answer.

Claimant seeks $365.60, which includes interest, for a chair which was
delivered to the
respondent. The invoice for the chair was submitted but never paid. In
its Answer, respondent
admits the validity of the claim in the amount of $355.00, but denies
the amount of the interest
added to the original invoice. Respondent states that the invoice could
not be paid because the
fiscal year in which the obligation was incurred had ended. Respondent
further states that
sufficient funds were on hand at the close of the fiscal year in
question.

The Court is restricted by W.Va. Code §14-2-12 from awarding interest
unless the claim
arises on a contract specifically providing for the payment of. Based on
this section, the Court
concludes that the respondent is not legally liable for the payment of


accrued interest. The Court therefore grants an award to the claimant in
the amount of $355.00.

Award of $355.00.

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