(No. 3424

#### Shippers Fuel Corporation, Claimant, vs. State of Illinois, Respondent.

Opinion filed November 10, 1942.

L. M. Bowden, for claimant.

George F. Barrett, Attorney GeneralEgbert V. Ostrom, Assistant Attorney General, for respondent. -

Eckert, J.

Claimant seeks an award for $175.77 for 62.775 tons of Central Illinois 3" x 6" egg or furnace coal at $2.80 per ton furnished to the 130th Infantry Armory at Danville, Illinois, from January 19, 1938, to February 4, 1938, under contract with the State of Illinois No. B-117626. The State received the coal on order from an official authorized to contract for the same; claimant submitted a bill therefor within a reason*324able time and has not received payment; such non-payment is due to no fault on the part of the claimant; when the charge was incurred, there remained a sufficient unexpended balance in the appropriation from which payment could have been made. Claimant is therefore entitled to an award. Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165; Elgin, Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243.

An award is therefore entered in favor of claimant in the sum of $175.77.