OPINION ISSUED APRIL 23, 1987

CAPITOL BUSINESS EQUIPMENT , INC.
VS.
DEPARTMENT OF PUBLIC SAFETY

(CC-87-28)

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 an award of $663.78, which includes, interest, for
chairs which were shipped
to the respondent. The invoice for these chairs was submitted, but has
not been paid. In its
Answer, respondent admits the validity of the claim in the amount of
$660.00. Respondent
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 interest.
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 $660.00.
Award of $660.00.

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