OPINION ISSUED APRIL 23, 1987
CAPITOL BUSINESS EQUIPMENT , INC.
DEPARTMENT OF PUBLIC SAFETY
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 an award of $663.78, which includes, interest, for
chairs which were shipped
to the respondent. The invoice for these chairs was submitted, but
not been paid. In its
Answer, respondent admits the validity of the claim in the amount
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
incurred had ended.
Respondent 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
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
amount of $660.00.
Award of $660.00.